We have addressed on this blog questions relating to jurisdiction at the GAO, Court of Federal Claims (CFC), and district courts to hear suits relating to awards using the government’s Other Transaction (OT) authority. Multiple agencies now have this OT authority, which was first conceived by the principal architect of the 1958 NASA authorizing statute, Paul Dembling, who included in that legislation a catchall authorizing “other transactions as may be determined as necessary in the conduct of its work and on such terms as it may been appropriate.” Continue Reading Welcome Clarity Regarding the Ability to Challenge Other Transaction Follow-On Production Awards
Bid Protests
Bid Protest Minute: GAO Clarifies Certain “De Facto” Joint Venture Eligibility Issues
By Todd Overman on
On March 22, the Government Accountability Office (GAO) sustained a protest challenging an agency decision finding the protester ineligible for award under both the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Security Act) and the solicitation’s System for Award Management (SAM) registration requirements. GAO disagreed with the Department of State’s (or Agency) arguments, holding that Pernix Federal LLC’s (Pernix) submissions complied with all requirements of the prequalification process and the solicitation.Continue Reading Bid Protest Minute: GAO Clarifies Certain “De Facto” Joint Venture Eligibility Issues
Bid Protest Minute: Avoiding the Timeliness Trap
By Richard Arnholt on
On February 14, the Government Accountability Office (GAO) dismissed a protest by Marathon Medical Corporation, an unsuccessful bidder, concluding that its protest was untimely. Continue Reading Bid Protest Minute: Avoiding the Timeliness Trap
Bid Protest Minute: GAO’s Task Order Jurisdiction
By Richard Arnholt on
On December 21, the Government Accountability Office (GAO) dismissed a protest by ELS, an unsuccessful bidder on a Department of Defense (DOD) task order opportunity, concluding that it did not have jurisdiction to consider it. Continue Reading Bid Protest Minute: GAO’s Task Order Jurisdiction
Bid Protest Minute: Proving an Organizational Conflict of Interest Exists
By Richard Arnholt on
On December 20, 2023, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest, arguing, among other things, that the procurement was tainted by an appearance of impropriety after the agency appointed a senior executive from a competing firm, formerly responsible for their proposed technical approach, to be the agency’s new director. According to the protester, the taint arising from the agency’s action could only be cured by disqualifying the competitor and making an award to the protester.Continue Reading Bid Protest Minute: Proving an Organizational Conflict of Interest Exists
Bid Protest Minute: The High Bar to Proving Contract Officer Bias
By Richard Arnholt on
Posted in Bid Protest Minute, Bid Protests
On November 8, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest that asserted the Veteran Administration’s (VA) evaluation of Texas Waste Company’s past performance was unreasonable and reflected the Contracting Officer’s (CO) bias. Continue Reading Bid Protest Minute: The High Bar to Proving Contract Officer Bias
Bid Protest Minute: Recent Decision Imparts Lessons on Timeliness of Solicitation Challenges and Prejudice
By Richard Arnholt on
Posted in Bid Protest Minute, Bid Protests
On November 21, the Government Accountability Office (GAO) denied an unsuccessful bidder’s protest, arguing that the terms of a solicitation were biased and that the awardee failed to comply with a mandatory solicitation requirement. Continue Reading Bid Protest Minute: Recent Decision Imparts Lessons on Timeliness of Solicitation Challenges and Prejudice
GAO’s 2023 Bid Protest Report: More Than Meets the Eye
By Richard Arnholt & Todd Overman on
Posted in Bid Protests
On October 26, the Government Accountability Office (GAO) sent its annual bid protest report to Congress, which reflected a dramatic increase in protests filed following four straight years of decline. Continue Reading GAO’s 2023 Bid Protest Report: More Than Meets the Eye
Bid Protest Win for AM General on Multi-Billion Dollar Contract
By Richard Arnholt, Adam Briscoe & Todd Overman on
Posted in Bid Protests, Government Contracts
We represented AM General (AMG), an automotive manufacturer that builds military vehicles for government customers, including the Humvee, in a successful bid protest involving a $9.7 billion contract for the U.S. Army to build and deliver to the U.S. Army a new generation of the Joint Light Tactical Vehicle (JLTV).Continue Reading Bid Protest Win for AM General on Multi-Billion Dollar Contract
Department of Defense Issues First Update Since 2018 to Other Transactions Guide
By Adam Briscoe on
On July 8, the Department of Defense (DoD) Office of the Under Secretary of Defense for Acquisition and Sustainment (OUSD (A&S)) announced its first update to the Other Transactions (OT) Guide since November 2018. The DoD OT Guide provides a detailed overview of the OT process and best practices, from pre-solicitation to award and post-award management. Continue Reading Department of Defense Issues First Update Since 2018 to Other Transactions Guide