Bid Protests

In a September 25 decision, the D.C. Circuit concluded that FRA reasonably determined that the required high-speed trains were not domestically available and that the agency adequately explained why a limited waiver was appropriate. The decision resolves, at least for now, a challenge to the waiver brought by competing train manufacturer Alstom Transportation Inc. … Continue Reading D.C. Circuit Upholds FRA Buy America Waiver for Brightline West High-Speed Rail Project

The Government Accountability Office (GAO) recently sustained a bid protest challenging an agency’s decision to credit an awardee with the experience and past performance of an affiliated company. In Battelle Memorial Institute, B-424575, B-424575.2 (Sept. 10, 2026), GAO concluded that the National Science Foundation (NSF) improperly credited KBR Services, LLC (KBR) with two contracts performed by an affiliate because KBR’s proposal did not adequately explain what resources or services the affiliate would actually contribute to performance of the new contract.…

Continue Reading Bid Protest Minute: Corporate Affiliation Is Not Enough! GAO Clarifies When Offerors May Rely on Affiliate Experience

On April 15, the Federal Circuit issued a decision clarifying the burden a protestor must meet when challenging an agency’s override of the Competition in Contracting Act’s (CICA) automatic stay of performance. In Life Science Logistics, LLC v. United States, the court held that when challenging an override of CICA’s automatic stay of performance after a protest is filed at the GAO, a protestor need not demonstrate entitlement to an injunction under the standard four-factor equitable relief test. Instead, the protestor only needs to show that the agency’s override decision was arbitrary and capricious.

Continue Reading Clarified Standard for Challenging CICA Stay Overrides

In the matter of L3Harris Technologies Integrated Systems L.P., the Government Accountability Office (GAO) denied a protest filed by L3Harris challenging the U.S. Army’s award to Sierra Nevada Company, LLC for the Army’s HADES (High Accuracy Detection and Exploitation Systems) aircraft effort.

Continue Reading GAO: Conversion Did Not Void Procurement Eligibility

On January 14, the Government Accountability Office (GAO) denied a protest filed by Strategic Resources, Inc. (SRI) after the Army issued a task order to360 Patriot Enterprises, LLC (Patriot) for Army National Guard military funeral honors and survivor outreach services.

Continue Reading Bid Protest Minute:  GAO Rejects “Should Have Received More Strengths” Protest in $64M Army Task Order Competition

On January 12, the U.S. Supreme Court denied Percipient.ai’s (Percipient) petition for certiorari, leaving in place an en banc Federal Circuit decision that restricts who qualifies as an “interested party” eligible to bring a bid protest at the U.S. Court of Federal Claims (COFC).

Continue Reading Supreme Court Leaves “Interested Party” Limits Intact in Percipient.ai, Reinforcing Bid Protest Standing at COFC

A federal district court in Washington, D.C. recently dismissed a lawsuit brought by Alstom seeking to overturn a Federal Railroad Administration (FRA) waiver that allows Siemens to supply certain foreign-made components for the Brightline West high-speed rail project between Las Vegas and Southern California.

Continue Reading D.C. District Court Dismisses Challenge to a “Buy America” Waiver for Brightline West High-Speed Rail Project

On April 29, the Government Accountability Office (GAO) denied Davenergy-VCI JV, LLC’s protest of a solicitation’s cancellation, holding that the lack of available funding is sufficient grounds to cancel. In denying the protest, GAO determined that delays, even those occurring after the evaluation, do not invalidate a cancellation if a rational basis exists, such as changed requirements or insufficient funds.

Continue Reading Bid Protest Minute: Insufficient Funds are Grounds to Cancel

From the Bass, Berry & Sims Blog Network
From the Bass, Berry & Sims Blog Network

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