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Should Bid Protest Losers Pay?

Inside Government Contracts

Section 804 of the House-enacted version of the National Defense Authorization Act for Fiscal Year 2024 would establish a “loser pays” pilot program to require contractors to reimburse the Department of Defense for costs incurred in “processing” bid protests that are ultimately denied by the Government Accountability Office.

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GAO’s Annual Bid Protest Report:  Protest Filings and Sustain Rate Soar

Inside Government Contracts

On Thursday, GAO released its Bid Protest Annual Report to Congress for Fiscal Year 2023 , which provides bid protest statistics and other interesting information regarding GAO’s protest system. GAO’s annual bid protest report continues to provide useful information regarding GAO’s protest system.

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GAO’s 2023 Bid Protest Report: More Than Meets the Eye

GovCon & Trade

On October 26, the Government Accountability Office (GAO) sent its annual bid protest report to Congress, which reflected a dramatic increase in protests filed following four straight years of decline. The report provides important insights into the current state of GAO bid protests.

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Bid Protest Minute: GAO’s Task Order Jurisdiction

GovCon & Trade

If you have any questions about GAO jurisdiction or the bid protest rules, please contact the author. With that understanding in mind, contractors should be aware of GAO’s interpretation of its jurisdiction when considering whether to protest awards of task or delivery orders under FAR Part 16.

Bidding 147
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Bid Protest Minute: The High Bar to Proving Contract Officer Bias

GovCon & Trade

The GAO decision provides an in-depth look at the high evidentiary bar associated with proving governmental bias in bid protests and the need to have definitive evidence before making such a claim. Specifically, in limited circumstances, the Court of Federal Claims allows for discovery to supplement the record in a bid protest.

Bidding 147
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Bid Protest Minute: Recent Decision Imparts Lessons on Timeliness of Solicitation Challenges and Prejudice

GovCon & Trade

The decision offers important lessons that contractors should keep in mind when evaluating solicitations; submitting proposals; and evaluating whether and when to file a bid protest. If you have any questions about the terms of a solicitation or the bid protest rules, please contact the author.

Bidding 147
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Understanding Standard Bidding Documents in Public Procurement

The Procurement ClassRoom

Introduction This article is based on the review of standard bidding documents from several organizations including the World Bank , Millennium Challenge Corporation , the Public Procurement and Concession Commission of the Republic of Liberia , and Public Procurement Authority of Ghana. Goods : Documents used for procuring physical items.