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COFC Protests

Will My Joint Venture Agreement Lead To Protests?

13 January, 2020
Joint Ventures are of substantial strategic values to venturers seeking to combine resources to be able to meet necessary or substantially large requirements of a solicitation. However, joint ventures are not immune to protests, particularly, as the strategic value of a joint venture is often...

What If The Agency Ignores The GAO’s Automatic Stop of Evaluations, Award and Performance When We Protest?

13 January, 2020
The Competition in Contracting Act (“CICA”) provides the basis for an automatic stay (stop) of evaluations, award and performance in relation to a contract upon the filing of a bid protest at the Government Accountability Office (“GAO”). Generally, agencies will abide by the mandatory stay...

When Is A Protest Untimely At The Court of Federal Claims?

13 January, 2020
Generally, the Court of Federal Claims (“CFC”) is an available option to protesters who are at risk of filing a protest that will be determined to be untimely at the agency level and/or at the Government Accountability Office (“GAO”). In many instances, there are few...

What Are Some Ways To Challenge Corrective Actions?

13 January, 2020
Often a bid protest may be settled early if upon filing, the agency’s review of the protest grounds in coordination with its legal counsel indicates a high risk of losing the protest. In these instances, the agency may voluntarily take corrective action that, if not...

Can It Be Hard To Provide An Agency Acted Unreasonably At The Court of Federal Claims?

13 January, 2020
The Court of Federal Claims (“CFC”) will dismiss a protest where a protester cannot alone demonstrate that the agency procurement action was arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law. Importantly, even where this standard can be met, the Court...

What If Our Proposal Takes Exceptions To Or Makes Assumptions About An RFPRequirement?

13 January, 2020
Generally, the market research phase and post-solicitation publication phases of Q&A, clarifications, and discussions provide opportunities outside of a pre-award solicitation defect protest to assure an understanding of solicitation requirements are made certain. In many circumstances, where a company has not elected to protest or...

When Can A Protester Stand InThe Court of Federal Claims?

13 January, 2020
The Court of Federal Claims (“CFC”) specifies when a prospective protester is eligible to file a protest with the Court. In order to standup in Court, a protester can establish standing upon demonstrating to the Court that it is an “interested party” (i.e., an actual...

Can A Bridge Contract Be Protested?

13 January, 2020
When a protest is filed with the Government Accountability Office (“GAO”), an agency who has made an initial award to a contractor while often issue a sole source bridge contract to the awardee where services have not been previously procured and, therefore, there is no...

What Information Can Be Learned During A Bid Protest?

13 January, 2020
In a Government Accountability Office (“GAO”) or Court of Federal Claims (“CFC”) protest; a protester’s counsel admitted to any applicable protective order or seal will receive discovery, respectively, in the form of an Agency Report and/or Administrative Record. The Agency Report and Administrative Record includes...

What Is A Court of Federal Claims Bid Protest?

13 January, 2020
The Court of Federal Claims (“CFC”) permits actual or prospective offerors with a substantial chance of winning an award except for unreasonable procurement by an agency file a pre- and/or post-award protest directly with the Court. However, a prospective protester need not first file a...

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