Bid Protests

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...

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...

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...

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...

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...

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...