Topic
Bid Protests
550 published works
Government Contracts Featured Insights
Protests Involving Failure to Meet Material Solicitation Requirements
Proposals that fail to satisfy the material terms of a solicitation for a negotiated procurement are considered unacceptable and may not form the basis of an award. It is well-established…
Government Contracts Law
Credit Where Credit Isn’t Due: GAO Sustains Protest Where VA Credited the Awardee for the Government’s Own Work
Two proposals rated Exceptional. Two past performance ratings of Substantial Confidence. A price gap of nearly $15 million between the two offerors. On that record, the Department of Veterans Affairs…
Florida Construction Legal Updates
FEDERAL BID PROTEST STANDARD OF REVIEW AND DISPARATE TREATMENT WITH RATINGS
A recent decision out of the Federal Claims Court explains the post-award bid protest standard of review. In Massman Construction Co. v. U.S., 2026 WL 1971985 (Fed.Cl. 2026), a protestor…
Government Contracts Legal Forum
June 2026 Bid Protest Sustain of the Month: GAO Reminds Agencies that Once You’ve Set the Rules, You Have to Play by Them
By Cherie Owen
The following is an installment in Crowell & Moring's Bid Protest Sustain of the Month Series. In this series, Crowell's Government Contracts Practice keeps you up to date with a…
Government Contracts Legal Forum
Fastest 5 Minutes: Fixed-Price Contracting, Protests, CAS, Supply Chain
This week’s episode covers new FAR Council guidance implementing the fixed-price contracting mandate under Executive Order 14402, a Federal Circuit decision on bid protest timeliness, an advance notice of proposed…
Ogletree Deakins Insights
When Key Personnel Leave: The Federal Contractor’s Disclosure Dilemma
Quick Hits Key personnel can play a central role in government contract proposal evaluations and may be a material basis for an agency’s award decisions. Contractors typically have two options…
SmallGovCon
When Today Becomes the Next Business Day: GAO’s Strict Rules for the Timely Submission of Bid Protests to Solicitation Terms
By Jordan Akins
What time does the day end? Most people would answer that a day ends at midnight. However, a recent GAO decision highlights that, for purposes of filing a pre-award bid protest with the GAO, the business day ends at 5:30 p.m. ET when the…
Government Contracts Legal Forum
Recent Court Decisions Provide Intervention Insights
By Cherie Owen
We recently discussed the Federal Circuit’s decision in Global K9 Protection Group, LLC v. United States and the importance of intervening in bid protests, especially when an awardee’s interests may diverge from…
Government Contracts Legal Forum
All Things Protest: Blue & Gold and Late is Late
By Christian Curran, Zachary Schroeder, Bryan Dewan
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…
Government Contracts Legal Forum
Federal Circuit Clarifies Application of Blue & Gold: Proposal Submission Deadline, Not Award, is the Operative Time for Filing
By Christian Curran, Cherie Owen, Zachary Schroeder
In Utech, Inc. v. United States, No. 24-1586 (Fed. Cir. June 24, 2026), the U.S. Court of Appeals for the Federal Circuit clarified that in most cases, a pre-award protest must be…