GAO Confirms Corrective Action Doesn’t Reset Viability of Recycled Bid Protest Arguments
Article by: Nicholas Hopkins, Associate GAO recently issued a stark reminder to bid protesters that denied protest grounds cannot be re-raised after corrective action. Even where GAO orders corrective action, the protester must immediately request reconsideration if it believes GAO erred by denying or failing to address a protest ground. It cannot wait until...
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Federal Circuit Rejects Proposed Heightened Standard for Challenging CICA Stay Overrides
Article by: Nicholas Hopkins, Associate In its recent Life Science Logistics, LLC v. United States decision, the Federal Circuit resolved an important question about the standard that applies to an agency’s attempt to override a Competition in Contracting Act (CICA) stay of contract award. The CICA Stay, and How the Government Can Override It...
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GAO Clarifies Mentor‑Protégé Joint Venture Past Performance Rules: Agencies Have More Discretion Than Ever
Article By: Nicholas Hopkins, Associate A recent GAO bid protest decision offers more clarity on agency evaluation of JV past performance for mentor‑protégé joint ventures. Due to an evolving regulatory scheme, agencies may evaluate the mentor’s past performance alone. However, agencies have more discretion than ever, and may still require a showing of protégé...
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GAO: Failure to Acknowledge Material Amendment Requires Bid Rejection
Article by: Nicholas Hopkins, Associate On February 5, 2026, the Government Accountability Office (GAO) sustained the protest of Morrish‑Wallace Construction d/b/a Ryba Marine Construction Co., B‑423796.2, ruling that the Army Corps of Engineers improperly awarded the contract due to awardee’s failure to acknowledge a material solicitation amendment, a bid defect that cannot be cured...
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Protests Based on Impaired Objectivity Organizational Conflict of Interests (“OCI”) Continue to Find Success at GAO
In Solutions71, LLC: B-423671.2, GAO sustained the third impaired objectivity OCI protest within the last six months. GAO’s decision in Solutions71 joins Castro & Company, LLC: B- 423689 and DirectViz Solutions, LLC:B- 423366; B-423366.3; B-423366.4 in what has become an increasingly successful protest ground. What is an Impaired Objectivity OCI? An impaired objectivity OCI...
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