Theodore P. Watson, Esq. Background of Relevant Facts Leading to Agency Decision for Cancellation of Solicitation. The Court of Federal Claims entered judgment in favor of Starry on its bid protest claim, concluding that the Department of Health and Human Services acted arbitrarily and capriciously in canceling its solicitation seeking… Read more »
Making the decision to appeal a lower court’s decision to the US Court of Appeals for the Federal Circuit is a tough decision to make. Not only can it be an expensive process but understanding what objective you want to accomplish is essential. Federal government contractors may want to turn… Read more »
The federal government has decided that using the FAR Part 15 best value procurement system when evaluating requests for proposals maximizes the level of performance after award. Instead of focusing on solely the pricing aspect of a proposal, the government can use a combination of source selection process tools and… Read more »
Government contractors sometimes have to make a decision to engage in protesting federal government contract awards. This level of litigation can be brought before the contracting agency, the Government Accountability Office, or the U.S. Court of Federal Claims. To help to make the process easier, companies should start the decision… Read more »
Government Fight and Arguments for Why its Solicitation Was Unduly Restrictive of Competition Came too Late. In a recent bid protest filed by Pitney Bowes, Inc., of Washington, DC, the U.S. GAO sustained the protest against Department of the Treasury, Internal Revenue Service (IRS). Pitney Bowes litigated the case on… Read more »
When filing a motion for a temporary restraining order (TRO) at the Court of Federal Claims (COFC), government contractors should be aware of the requirements. The Court looks at these motions and meeting requirements for injunction relief pretty seriously. COFC reviews TRO requirements in a motion for injunctive relief as… Read more »
In a recent case, GAO denied a bid protest filed by CACI Technologies, Inc., of Chantilly, Virginia which challenged the technical evaluation of an award of a task order issued by the Department of the Army, Intelligence and Security Command (INSCOM) to DynCorp International, LLC. There were previous protests for… Read more »
If You Do Not Correctly Apply the CAFC Federal Circuit Rules and Standard of Review in Bid Protest Appellate Cases, Your Case Will Fall Through the Cracks. When appealing a case to the United States Court of Appeals for the Federal Circuit (CAFC), the party appealing the case, usually from… Read more »
Becoming a bid protest intervenor is usually pretty simple. However, there are many cases where government contractors believed that the would become a bid protest intervenor but quickly found out that they were really not an interested party with legal standing to intervene in the protest. Many contractors attempt to… Read more »
The Federal Circuit Court of Appeals decided a bid protest case where the issue was whether the agency properly referred the offeror’s technical responsibility decision to the Small Business Administration for a COC Certificate of Competency review. This has become a common dispute in bid protest appeal cases. As a… Read more »