GovCon & Trade

DECEMBER 5, 2023

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.

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GovCon Wire

DECEMBER 22, 2023

Jeff Bezos-owned space company Blue Origin and private equity firm Cerberus have made bids for United Launch Alliance, a joint venture of Boeing (NYSE: BA) and Lockheed Martin (NYSE: LMT), The Wall Street Journal reported Thursday.

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Redstone Government Consulting

APRIL 25, 2024

Cost Accounting Standard (CAS) 420 outlines accounting standards for Independent Research and Development (IR&D) and Bid & Proposal (B&P) costs incurred by government contractors, ensuring consistent and transparent reporting.

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Accountability Bidding Transparency Government 105

Government Contracts & Investigations

JANUARY 31, 2024

Since our last Bid Protest Hub article in November, the Government Accountability Office (“GAO”) has published 37 bid protest decisions, two of which have resulted in decisions sustaining the protester’s challenge. Stay tuned next month for our January 2024 Bid Protest roundup. FOOTNOTES [1] Washington Bus. LLC , B-421676.4,

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Bidding Negotiation Evaluation Sustainability 52

Government Contracts

MAY 8, 2024

An Idaho fuel truck company executive accused of conspiring with others to manipulate bids for U.S. Forest Service firefighting contracts to suppress other competitors in the market over an eight-year period pled guilty Wednesday in federal court, according to the U.S. Department of Justice.

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Government Contract Insights

APRIL 21, 2024

This month’s Bid Protest Roundup highlights two Procurement Integrity Act (PIA) decisions from the U.S. Court of Federal Claims and one solicitation interpretation decision from the U.S. Government Accountability Office (GAO).

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Bidding Accountability Integration Integrity 52

Discussions & Clarifications

NOVEMBER 1, 2023

Government Accountability Office ("GAO") published its much anticipated Bid Protest Annual Report to Congress for Fiscal Year 2023. GAO's annual report is required under the Competition in Contracting Act of 1984 ("CICA") and provides the government contracting community with good insight into GAO's bid protest function. [1]

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Government Contracts

APRIL 23, 2024

A new regulation for more environmentally friendly government purchases puts teeth into a long-standing requirement for sustainable procurement, and is likely to strengthen businesses' arguments in bid protests as agencies wrestle with the full scope of the rule.

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Government Contracts & Global Trade

FEBRUARY 8, 2024

In this second of three installments of PCI’s Everything You Need To Know About Bid, Size & Status Protests Series, experienced Government Contracts attorneys Maria Panichelli and Franklin Turner explain the process in which an awardee, whose award has been bid protested, can defend their contract award: Intervention.

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Bidding Government Contracts Contract Procurement 52

Government Contract Insights

FEBRUARY 12, 2024

This month’s bid protest roundup highlights one decision from the U.S. Court of Appeals for the Federal Circuit and two decisions from the U.S. Government Accountability Office (GAO).

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Government Contracts

APRIL 1, 2024

James Tucker at MoFo examines three recent decisions showing that while the results of past competitions may inform bid strategy, they are not determinative; that an agency's award may be deemed unreasonable if it ignores available information; and that a protester may be right about an awardee's noncompliance but still lose.

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Bidding IT 52

Government Contracts & Global Trade

FEBRUARY 1, 2024

In today’s increasingly competitive federal market, protests – including bid, and size/status – are an inevitable feature of many procurements. Contractors learn the differences between bid, size, and status protests, and how to use each to challenge contract awards that were improperly made to competitors.

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Bidding Utilities Government Contracts Contract 52

Government Contracts

MAY 1, 2024

Department of Defense agency's efforts to recoup the purported $5 million lost to an ex-employee's bid-rigging scheme, after a contract appeals board ruled the contractor was required to provide fair, unrigged prices. A food supplier must face a U.S.

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Government Contracts

JANUARY 25, 2024

In this month's bid protest roundup, Lyle Hedgecock and Michaela Thornton at MoFo discuss recent cases highlighting how the U.S. Court of Federal Claims consider supplementation of the record and an agency’s attempt to convert a sealed bid opportunity into a negotiated procurement, as well as an example of precedential drift.

Bidding 52

Bidding Negotiation Accountability Procurement 52

Government Contract Insights

MARCH 6, 2024

This month’s Bid Protest Roundup highlights a trio of U.S. Government Accountability Office (GAO) decisions. The first decision, Deloitte Consulting, highlights the risk of severing a teaming partner after quote submission. The second, Kauffman and Associates, Inc.,

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Bidding Consulting Accountability Government 89

Government Contracts & Global Trade

JANUARY 9, 2024

Many contractors don’t know that you can intervene, to defend against the bid protest. Maria starts with a primer on the bid protest process, followed by a lesson on how to use that process effectively to coordinate with government counsel and defend your award. What is your remedy? Thursday, September 26, 12:00 p.m. -1:00

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Bidding Contract Government Contracts Government 52

Public Contracting Institute

JANUARY 31, 2024

FAR 52.214-16, Minimum Bid acceptance Period: the contracting officer inserts a time period in that clause, similar to Form 33 above; or A time period set forth somewhere else in the text of the solicitation. Apparently, Global was the low responsive bid. The agency made award to the next-lowest bidder at its bid price.

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Price Bidding Bidder Competitive Bidding 52

Government Contracts & Global Trade

OCTOBER 10, 2023

The more competitive the federal market becomes, the more important bid protests can be. As a contractor, you can utilize debriefings and bid protests to go after awards that improperly went to your competitors. More information The post A Federal Bid Protest Primer appeared first on McCarter & English, LLP.

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Bidding Utilities Government Contracts Import 52

Government Contracts & Investigations

DECEMBER 6, 2023

As contracting activities are busy awarding new contracts, it is important to follow the trends related to successful and effective protests as you consider filing your own bid protest, or as you defend your award as an intervenor. Below we dive into recent bid protest decisions and identify what won, what did not win, and why.

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Bidding Sustainability Thresholds Evaluation 52

Government Contracts

APRIL 9, 2024

Department of Veterans Affairs contract for health and wellness classes, saying a late bid barred the protest even though the VA agreed to consider the protester's proposal. Government Accountability Office has tossed a dispute over a U.S.

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Bidding Accountability Contract Government 52

Government Contracts & Global Trade

JANUARY 9, 2024

The more competitive the federal market becomes, the more inevitable bid protests are. If you want to succeed in bid protest litigation, it is critically important that you understand the rules and regulations governing the bid protest process. Thursday, August 15, 12:00 p.m. -1:00

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Government Contracts

DECEMBER 6, 2023

In this month's bid protest roundup, James Tucker at MoFo offers takeaways from three bid protests in the U.S. Government Accountability Office relating to the high standard for protests that allege agency bias, seeking revised proposals from just one offeror, and untimely objections to solicitation terms.

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Bidding Accountability Government Government 52

Government Contracts

MARCH 5, 2024

In this month's bid protest roundup, Markus Speidel at MoFo examines a trio of U.S. Government Accountability Office decisions with takeaways about the consequences of a teaming partner's organizational conflict of interest, a solicitation's latent ambiguity and an unreasonable agency cost adjustment.

Bidding 52

Bidding Accountability Government Government 52

Government Contracts

FEBRUARY 16, 2024

The Fourth Circuit declined to reconsider a panel ruling that overturned a former Contech executive's bid-rigging conviction, despite the U.S. Department of Justice's contention that the decision flouts long-standing precedent.

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Bid Rigging Bidding 52

Government Contracts

FEBRUARY 21, 2024

Army's decision to deem unacceptable an engineering firm's bid for construction deals in South Korea, as the watchdog found the bids unclear on who would perform certain quality control and safety activities. Government Accountability Office has agreed with the U.S.

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Bidding Quality Engineering Accountability 52

Government Contracts

DECEMBER 5, 2023

Department of Homeland Security's recently unveiled policy of factoring cybersecurity self-assessments into its overall evaluation of contractors could raise novel bid protest considerations for offerors in both the pre-award and post-award contexts, say Amy Hoang at Seyfarth and Sandeep Kathuria at L3Harris Technologies.

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Bidding Evaluation IT 74

Government Contracts

MARCH 12, 2024

A Georgia concrete company and an executive accused of participating in a price-fixing and bid-rigging scheme have reached plea agreements with the federal government, according to notices filed Tuesday.

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Government Contracts

FEBRUARY 7, 2024

In this month's bid protest roundup, Victoria Angle at MoFo examines one recent decision that clarifies the elements necessary to establish prejudice and federal claims court standing in multiphase protests, and two that exemplify a government procurements golden rule.

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Bidding Procurement Government Government 52

Government Contracts

MARCH 6, 2024

A second South Korean company and its CEO allegedly defrauded the Pentagon in a scheme to rig bids and fix prices for subcontract work on U.S. military installations in South Korea, the U.S. Department of Justice announced Wednesday.

Bid Rigging 52

Bid Rigging Bidding Price IT 52

Government Contracts

FEBRUARY 2, 2024

Court of Federal Claims judge ruled Friday that TriWest's bid passed fair and square. Department of Defense prevailed over Health Net's challenge to a $65 billion contract award to TriWest Healthcare Alliance, as a U.S.

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Government Contracts

NOVEMBER 1, 2023

New York City was bilked out of at least $850,000 over the last 20 years by "false and inflated bids" that resulted in the city paying up to three times the going cost for moving services aimed at helping victims of crime get to safety, according to a set of guilty pleas secured by state prosecutors.

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Bid Rigging Bidding 73

Government Contracts & Global Trade

OCTOBER 10, 2023

The bid protest process is an integral part of doing business as a government contractor. More information The post Elements of a Bid Protest October 2023 appeared first on McCarter & English, LLP. This live program takes place at the American Management Association in Arlington, VA.

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Bestek Procurement

APRIL 25, 2024

In this episode, Vitezslav Titl and Willem discuss single bidding in the EU, based on a current debate about the lack of interest in public procurement from the side of the market. For desert, they consider what he would change in public procurement if he had a magic wand. Want to read more? Have a look at his academic work here: [link]

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Public Procurement Bidding Procurement 40

Government Contracts

DECEMBER 18, 2023

Army Corps of Engineers unreasonably excluded a company from consideration for construction contracts after submitting copied bid bonds, saying the Corps relied on an "irrational" U.S. A Court of Federal Claims judge ruled that the U.S. Government Accountability Office decision.

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Bidding Engineering Accountability Contract 52

Government Contracts

JANUARY 16, 2024

Attorneys at Bradley Arant discuss noteworthy 2023 bid protest decisions from the U.S. Court of Federal Claims and U.S. Government Accountability Office, offering perspectives on standing, document production, agency deference, System for Award Management registration requirements and mentor-protégé joint venture proposal evaluations.

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Bidding Import Evaluation Accountability 52

Government Contracts

FEBRUARY 29, 2024

Construction at Savannah, Georgia's federal courthouse means that three men accused of conspiring to rig bids for millions of dollars' worth of ready-mix concrete contracts will have to be tried in a college town a couple of counties over, according to the DOJ.

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Bid Rigging Bidding Contract 52

Government Contract Insights

JANUARY 24, 2024

This month’s Bid Protest Roundup include decisions regarding supplementation of the record and whether an agency may convert a sealed bid opportunity into a negotiated procurement due to lack of funds, as well as a case in which the Court of Federal Claims found a GAO precedent failed to provide a rational basis to reject a bid.

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