Courts, Boards, & GAO
COFC Unconvinced by Disparate Treatment Argument
Aery Aviation, LLC challenged the Navy's decision to award a contract for electronic warfare services. It argued that the Navy's evaluation of its proposal...
GAO Dismisses Bribery Protest for Lack of Standing
The protester contested the agency’s responsibility determination of the awardee. The protester claimed that the agency improperly deemed the awardee responsible after the awardee...
Protester’s Various Objections to the Evaluation Fail to Find Purchase at GAO
The protester contended that the agency failed to assign strengths to its proposal, treated the proposals unfairly, and did not amend the solicitation as...
A Protest from a Winner? A Recent Case Shows Why Timing Matters When Challenging Solicitation Terms
Federal News Network - The Court of Federal Claims has rejected a post-award protest from Active Deployment Systems, which argued ICE awarded too many...
COFC Dismisses Protest, Finds Protester Lacked Standing Because It Couldn’t Compete for the Contract
The protester challenged a solicitation. The protester claimed that the government botched the scoring provisions of the solicitation. The COFC, however, dismissed the protest....
‘Hey, They’re Not CMMC Compliant! Why Did They Get The Award?’: Protesting CMMC Issues
Miles & Stockbridge - Now that CMMC compliance has arrived and is here to stay, what should DIB contractors expect? For one thing, increased...
Protesting Incumbent Not Entitled to Bridge Contract, Court Says
Steven Koprince - It's probably the most common complaint about the GAO bid protest system: that when an incumbent contractor loses a re-compete, the...
GAO Affirms that SBA Status Determinations Are Final
The protester claimed that the Small Business Administration (SBA) wrongly deemed it ineligible for 8(a) status. GAO reaffirmed that it lacks jurisdiction to review...
Protester Argued SBIR Award Did Not Derive from Previous SBIR Efforts. GAO Disagreed.
The protester argued that the Small Business Innovation Research (SBIR) phase III contract award for rapid DNA testing did not correctly derive from previous...
DOE’s Misstep Didn’t Matter: COFC Says Errors Not Enough to Overturn $128 Million Award
Pillsbury - In National Energy Security Operations, LLC v. United States, the U.S. Court of Federal Claims addressed a challenge to a $128 million...
Protester Contended Agency Should Not Have Considered Experience of Awardee’s Affiliates. Why Did GAO Reject this Argument?
The protester challenged the agency's evaluation of corporate experience and past performance. It contended that the agency failed to consider the awardee's negative past...
Counsel Commentary: GAO Issues Warning Shot on AI Misuse
Rogers Joseph O'Donnell - As with many other companies, government contractors are increasingly using artificial intelligence (AI) to support various aspects of their work,...
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