Bid Protests

Comprehensive Health Servs., LLC v. United States – Overriding CICA’s Automatic Stay

Posted on April 1, 2021
Would you view the acquisition of COVID-19 tests as an “urgent and compelling” reason to depart from full and open competition? The Court of Federal Claims had an opportunity to weigh in on this notion when  Comprehensive Health Services, LLC (“CHS”) protested an award and challenged a decision of the Federal Emergency Management Agency...
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Court of Federal Claims (COFC) Dismisses Bid Protest For Lack Of Jurisdiction

Posted on February 26, 2021
On February 16, 2021, a COFC judge dismissed DynCorp’s bid protest of a $717.5 million dollar Army intelligence support order because the COFC lacked jurisdiction to hear the case. DynCorp argued that CACI Technologies was ineligible for the award because CACI Technologies restructured from a corporation to a limited liability company during the procurement...
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The Court of Appeals for the Federal Circuit Definitively Answers When a Debriefing Concludes Under DoD’s New Enhanced Debriefing Rules

Posted on February 10, 2021
One of the main reasons why contractors choose to file bid protests at the Government Accountability Office (GAO) is the automatic stay of performance required by the Competition in Contracting Act (CICA) – more commonly known as a “CICA stay.” The Competition in Contracting Act requires the contracting officer to immediately stay performance if...
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In Re: Chronos Sols.-The GAO Indicates That COVID Related Contract Changes Can be Material Changes

In Chronos Sols., LLC, the GAO determined its first COVID-19 case in September of 2020 where it sustained a protest because the U.S. Department of Housing and Urban Development (“HUD”) did not consider, nor acknowledge, the significant changes occurring around the globe from the impact of COVID-19 that could materially affect the contract. HUD...
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In Re: Teledyne Brown Eng’g Inc.,- Appearances Are Important! Even Appearance of a Conflict of Interest is Enough to Taint a Contract

Posted on January 4, 2021
In this case, Teledyne Brown Engineering, Inc. (“TBE”) protested an award to SGT, LLC by NASA. The contract was for acquiring ground systems and operations services at Marshall Space Flight Center (“MSFC”). TBE protested the award for multiple reasons stating that NASA engaged in an unreasonable and unfair manner, but most importantly had a...
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ASBCA Recognizes New Legal Theory Which Makes It Easier For Contractors To Win CDA Claims Against the Government: Negligent Negotiations By The Government Pre-Award Can Lead To Reformation And Equitable Adjustment After Award

In a groundbreaking decision, Appeal of Chugach Federal Solutions, Inc., ASBCA No. 61320, the ASBCA recognized that “negligent negotiations” on the part of the government during a proposal evaluation were grounds for the contractor to claim an equitable adjustment under the Contract Disputes Act (CDA). The FAR requires the government to conduct meaningful discussions...
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