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Breakdown in Communication Leads to Rule 11 Dispute in Bid Protest of Telecommunications Contract

By on March 25, 2017 | Posted in Bid Protests

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 […]

“Sunset” Date Draws Closer on GAO’s Jurisdiction to Review Bid Protests of Civilian Agency Task Order Procurements

By on September 20, 2016 | Posted in Bid Protests

While we hate to be the bearer of bad news, disappointed bidders may soon face a significant obstacle to protest an agency’s award decision of a task or delivery order.  Barring prompt Congressional action (a phrase that is rarely a good thing), the Government Accountability Office’s (“GAO”) jurisdiction over most […]

Join James Nagle at the 23rd Annual Washington Construction Law Conference on September 15th

By on August 24, 2016 | Posted in Bid Protests

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 […]

Adam Lasky to present “Avoiding Cost and Price Analysis Pitfalls in Source Selection” in NCMA Webinar

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 […]

GAO: Awardee of an IDIQ Contract is Not an “Interested Party” to Protest the Award of an IDIQ Contract to a Competitor

By on March 31, 2016 | Posted in Bid Protests

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 […]

GAO’s Refusal to Apply the Christian Doctrine to Solicitations May Reflect a Split with the U.S. Court of Federal Claims

By on February 5, 2016 | Posted in Bid Protests

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 […]

Bid Protest Sustains at GAO Hit a 20-Year High in the First Quarter of Fiscal Year 2016

By on January 26, 2016 | Posted in Bid Protests

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 […]

Court of Federal Claims Applies Laches Doctrine to Deny Post-Award Bid Protest

By on December 7, 2015 | Posted in Bid Protests

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 […]

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