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GAO Rules Agency Best Value Decision Fails “Tests Of Rationality And...

The GAO recently issued a decision clarifying that a procuring agency’s discretion in best-value procurements, while broad, is not unfettered. In PricewaterhouseCoopers LLP, B-409537 (June 4, 2014),...

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Alleging Agency Bias: Bid Protest Considerations and Open Questions

When a bid protester decides to accuse an agency of bias, there usually are two separate, potentially cross-cutting concerns: (1) how the allegation might impact customer relations; and (2) whether the...

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COFC: Not Everything Is “In Connection With A Procurement”

The Court of Federal Claims recently considered the extent to which its Tucker Act bid protest jurisdiction extends to Government “make-or-buy” decisions.  In VFA, Inc. v. United States, No. 14-173...

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GAO Bid Protest Filings Increase in FY 2014 But Sustain Rate Declines

On November 18, the Government Accountability Office (GAO) released its annual bid protest report for FY 2014.  According to the report, 2,561 cases were filed at GAO in FY 2014, up 5% from last year....

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GAO Reaffirms Protest Jurisdiction Over “Mixed Transaction” Leases, But...

This week, the General Accountability Office (“GAO”) published a decision reaffirming its jurisdiction over protests of “mixed transaction” leases.  Generally, GAO’s protest jurisdiction is limited to...

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GAO: Don’t Just Drop Your Proposed Costs, Explain Them.

The Government Accountability Office (“GAO”) recently published its decision in a two protester challenge to cost realism adjustments made by the Navy during its evaluation of final proposal revisions...

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Agency’s Continued Evaluation of Bids Does Not Violate CICA Stay

In a decision earlier this month, the Court of Federal Claims (“COFC”) found that an agency’s continued evaluation of bids during the pendency of a stay under the Competition in Contracting Act...

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Contracting Officers Must Soon Separately Justify Awards to Offerors...

Over the past decade, Congress has focused on eliminating excessive “pass-through” charges—charges defined as overhead costs or profits passed to the Government by contractors adding negligible value...

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Supreme Court grants certiorari in VA procurement case

Last week the Supreme Court granted certiorari to hear arguments in Kingdomware Technologies, Inc. v. United States, Docket Number 14-916, an ongoing dispute over whether the Veterans Benefits, Health...

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The Pitfalls of Changing a Pending Proposal

As acquisition timelines become increasingly protracted, contractors face the thorny question of if, when and how to advise a procuring agency of changes affecting an already submitted proposal.  In a...

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Federal Circuit Confirms that Award Term Extension Constitutes New Contract...

On July 12, 2016, in Coast Professional, Inc. et. al v. United States, No. 2015-5077 (Fed. Cir. July 12, 2016), the U.S. Court of Appeals for the Federal Circuit overturned a Court of Federal Claims...

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GAO’s Task Order Protest Jurisdiction Expires Today

GAO’s jurisdiction over protests of civilian agency task and delivery orders valued at more than $10 million will sunset today. 41 U.S.C. § 410(f)(3).  GAO will continue to have jurisdiction over...

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Double Your Pleasure: GAO’s Annual Protest Report Shows that Sustain Rate Has...

In mid-December, GAO issued its Bid Protest Annual Report to Congress for Fiscal Year 2016.  The report reveals, among other things, that GAO’s protest sustain rate for this past fiscal year (“FY”) was...

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COFC Awards Enhanced Attorney Fees In Protest Following “Egregious” Agency...

Last year, we highlighted the Court of Federal Claims’ (“COFC”) decision in Starry Associates, Inc. v. United States, 127 Fed. Cl. 539 (2016), which sharply criticized a Department of Health and Human...

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GAO’s Annual Report: Protests Are Down, But Their Effectiveness Is Up

On Monday, GAO issued its Bid Protest Annual Report to Congress for Fiscal Year 2017.  Most notably, the effectiveness rate hit 47%.  The effectiveness rate looks at all cases filed, and measures the...

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RAND Report Concludes That Protests of Department of Defense Procurements Are...

Last week, the RAND Corporation published a report entitled “Assessing Bid Protests of U.S. Department of Defense Procurements: Identifying Issues, Trends, And Drivers.”  In it, RAND analyzed the...

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GAO Debuts New Protest Procedures Effective May 1, 2018

On April 2, 2018, GAO issued a final rule revising its existing regulations to implement a number of changes to its bid protest process.  The new rule becomes effective on May 1, 2018. Several of these...

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Senate Largely Leaves Bid Protests Alone in Passed Version of FY 2019 NDAA...

For the first time in several years, the version of the FY 2019 National Defense Authorization Act (NDAA) that just passed the Senate does not contain any major reforms to limit bid protests.  But the...

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Pragmatism Wins the Day in GAO Buy American Protest

Last month, the Government Accountability Office (GAO) issued a bid protest decision regarding the application of Buy American Act (BAA) requirements to a solicitation for construction.  In this...

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Still Just A Rat In A CAGE: Recent GAO Decisions Underscore the Need for...

Many government contractors are part of corporate families consisting of multiple corporate entities.  One entity may be named as the official contracting party, but use the resources of affiliates,...

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