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It is not uncommon for a disappointed offeror in a fixed-price procurement to be astonished at how low the awardee’s proposal price ends up being. This astonishment can lead to the desire to file a bid protest based on the argument that the awardee’s price is unreasonably low. Unfortunately, in many of […]

Communication is key to any protest or lawsuit.  While it is common for parties in a legal dispute to hold their cards close to the vest, significant problems arise when strategic discretion becomes closer to manipulation of facts.  In Level 3 Communications, LLC v. United States, the United States Court of Federal […]

Two pieces of federal legislation that  recently became law will have a major impact on government contractors seeking to protest Department of Defense (DoD) and Civilian Agencies task order awards.  Some changes are for the worse, others are for the better.  However, the best news for contractors is probably that […]

Back in January, we wrote about the dramatic spike in bid protests sustained at GAO during the first quarter of fiscal year 2016.  At the time we noted that GAO was on pace to shatter the prior year’s number of bid protest sustains.  Today, GAO released its Bid Protest Annual Report […]

James F. Nagle will give a special presentation at The Seminar Group’s upcoming 23rd Annual Washington Construction Law conference on September 15 at the Hilton Seattle. In Jim’s federal construction law presentation, he will provide an update on the False Claims Act, new programs  from the Small Business Administration and other new developments affecting […]

On September 15, join Adam Lasky, partner in Oles Morrison’s Government Contracts Practice Group, along with Laurie Davis, senior contracting officer of Naval Sea Systems Command, as they discuss lessons learned from bid protests concerning cost or price realism analysis. In this webinar, Adam and Laurie will show procurement officers and contractors how they […]

The National Defense Authorization Act (“NDAA”) is an annual bill that sets forth the policy and budget priorities for the Department of Defense for an upcoming fiscal year.  Striving to achieve bipartisan support, Congress’s task to reach an agreement on the NDAA is a daunting one.  Only after months of […]

Last Friday, the Government Accountability Office (GAO) released a Federal Register notice setting forth proposed amendments to the GAO Bid Protest Regulations (4 C.F.R. Part 21).   Below, we review the major proposed changes to the GAO Bid Protest Regulations you should know about: Electronic Protest Docketing System On January 17, […]

Fiscal Year 2016 marked the seventh straight year that the budget set aside for federal government contracts has decreased.  With fewer bidding opportunities, contractors of all sizes are utilizing aggressive tactics to maximize their chances of winning a federal government contract.  Such was the case in a recent Government Accountability […]

On Tuesday, the Court of Federal Claims sent another reminder of the importance of always marking proprietary information throughout the duration of contract performance and not just during the proposal phase. In Dyncorp International, LLC v. United States, DynCorp protested the Air Force’s release of its proprietary indirect cost and […]

In 1963, the U.S. Court of Claims established a rule known as the “Christian Doctrine,” which provides that certain mandatory contract clauses are incorporated, by law, into an otherwise validly awarded contract, even if the contracting agency accidentally omits that clause from the solicitation.  Over the past 60 years, the “Christian Doctrine,” has […]

Recently, the U.S. Government Accountability Office (“GAO”) released its annual bid protest report for Fiscal Year (FY) 2015, which reflected a slight decrease in the protest “sustain” rate, and a slight increase in the protest “effectiveness” rate, from FY 2014 to FY 2015.  While the statistics in GAO’s annual report are certainly interesting, what […]

A recent Court of Federal Claims (“COFC” or “Court”) decision denied a post-award bid protest applying the rarely successful equitable defense of laches.  In addition to finding the protest failed on the merits, COFC found that the disappointed bidder unreasonably delayed in bringing the protest by waiting more than eight months after […]

The deadline for the submission of proposals in response to a RFP is looming.  The proposal team is frantically using the last moments before the submission deadline to ensure that every component of their proposal is perfect.  Inevitably, nothing becomes more important than ensuring that the proposal is correctly submitted […]