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Bid Protests

555 published works

  1. GovCon & Trade

    Records in Bid Protest Become More Complete – COFC Sanctions the Government for AR Omissions

    By Richard Arnholt

    In an opinion first publicly released on November 3, the Court of Federal Claims (COFC) took the somewhat usual, but not unheard of, step of sanctioning the government for mishandling…

  2. Government Contracts Legal Forum

    All Things Protest: Big Decisions for Small Businesses

    By Olivia Lynch, Michael Samuels

    Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases, and best practices in state and…

  3. BuildSmart

    Bid Protests in Alabama

    By Aron C. Beezley, Gabrielle A. Sprio

    Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our post on “Bid Protests in New York”). For the next state in this…

  4. Government Contracts & Investigations Blog

    “You Got To Know When To Protest” Part III: The Court Of Federal Claims Declines To Expand Blue & Gold Waiver Rule For Bid Protests “Any Further Than The Federal Circuit Already Has”

    By Adam Bartolanzo, John Chierichella

    The implications of the Federal Circuit’s Blue & Gold waiver rule – pursuant to which a disappointed offeror waives any protest grounds it may have had to the terms of…

  5. Government Contracts Law

    The GAO Sustains Protest Based on Awardee’s Organizational Conflicts of Interest—An Important Lesson for All Contractors

    By McCarter & English

    If a company has one or more Organizational Conflicts of Interest (“OCIs”), its ability to compete for (and perform) a government contract in a fair and equitable manner is inherently…

  6. GovCon & Trade

    Selling Assets During a Protest?  Careful You Don’t Jump the Shark

    By Richard Arnholt

    In the past, we have cautioned readers about the potential impact of transactions on pending awards, particularly on the ability of a contractor to protest.  A recent decision from the…

  7. Federal Construction Contracting Blog

    Recent Federal Circuit Decision Highlights the Limitations of Discussions

    By Casey J. McKinnon

    In a typical bid protest, the protester argues that its proposal should have been evaluated more favorably or that its competitors should have received a less favorable evaluation. However, in…

  8. Government Contracts Legal Forum

    Failure to Update “Contingent” Pricing Dooms Proposal and Protest

    By Olivia Lynch, Rob Sneckenberg

    Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases, and best practices in state and…

  9. The Contractor's Perspective

    Proving Bias in a Bid Protest

    By Steven A. Neeley

    Bias is a frequent bid protest argument, but it is often unsuccessful because government officials are presumed to act in good faith. To overcome that presumption, a protester must provide…

  10. Government Contracts Legal Forum

    All Things Protest: How to Handle Inadvertent Government Disclosure of Competition-Sensitive Information

    By Olivia Lynch, Christian Curran, Rob Sneckenberg

    Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases, and best practices in state and…