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Oles Morrison

DoD Begins Implementation of Enhanced Post-Award Debriefing Rights

By on | Posted in Bid Protests

As we previously discussed, when Congress passed the FY 2018 NDAA it required the Department of Defense (“DoD”) to issue regulations providing for enhanced post-award debriefing rights on certain DoD procurements.  Specifically, Congress mandated enhanced content requirements, a follow-up question process, and corresponding changes to the time to file a […]

Boom: Fireworks between Subcontractor, Prime Contractor, and Government (Literally)

By on February 14, 2018 | Posted in Bid Protests

At times, a prime contractor can effectively be the middle man between the government and a subcontractor. The FAR directs that the prime contractor should always provide value to the overall procurement; however, many prime contractors require the assistance of subcontractors to fulfill this contract requirement. The recent CBCA case […]

Texas Gets Burned: Court of Federal Claims Finds State’s Randolph-Sheppard Act Protest Premature

By on January 25, 2018 | Posted in Bid Protests

The Randolph-Sheppard Act (“RSA”) grants blind persons, operating through State Licensing Agencies, mandatory priority in the award of contracts for the operation of vending facilities on federal property so long as the SLA contractor satisfies criteria established by the RSA’s implementing regulations prescribed by the U.S. Secretary of Education.  In its recent […]

House and Senate Strike Deal on Bid Protest Reforms in FY 2018 NDAA

By on November 12, 2017 | Posted in Bid Protests

Earlier this year, the U.S. Senate and House of Representatives passed different versions of the National Defense Authorization Act for Fiscal Year 2018 (“FY 2018 NDAA”).  The Senate version contained dramatic bid protest reforms that, with the exception of the reforms to debriefing, were largely unpopular in the government contracting community.  The House […]

The U.S. Court of Federal Claims Just Changed the Calculus for Deciding Whether to Intervene in a Bid Protest

By on October 24, 2017 | Posted in Bid Protests

Last week, the U.S. Court of Federal Claims (COFC) published an opinion in Sonoran Tech. and Professional Services, LLC, v. United States, dismissing all of Sonoran’s bid protest claims as untimely.  There are a number of timeliness issues discussed in the Sonoran opinion.  One of the holdings from Sonoran that contractors (especially awardees with contracts under protest) need […]

Federal Government Contracts: How to Navigate in the New Administration – Seminar/Webinar – Nov. 16, 2017

By on August 23, 2017 | Posted in Bid Protests

With every new administration, there is both great uncertainty and opportunity in federal government contracting. To help you navigate the rough seas of doing business with the federal government in this new administration, we have assembled nationally recognized practitioners who will cover topics relevant to government contractors large and small, novice […]

Fundamentals to Winning Bid Protests at GAO — Part 2: Framing Initial Protest Arguments with the Big Picture in Mind

By on June 15, 2017 | Posted in Bid Protests

This post is the second in a multi-part series discussing the fundamental steps that protesters (and their outside counsel) can take to enhance their chances of success at GAO.  Previously, in Part 1 of this series, we discussed the importance of making the most of your debriefing.  Today, in Part 2 of […]

Oles Morrison’s Government Contracts Team Wins GAO Bid Protest Challenging Award of O/M Contract for Missile Defense Radar Vessel – SBX-1

By on June 14, 2017 | Posted in Bid Protests

In a decision publicly released June 5, 2017, the U.S. Government Accountability Office (GAO) ruled in favor of Oles Morrison Rinker & Baker LLP’s (“Oles Morrison”) client, TOTE Services, Inc. (TOTE), in a bid protest challenging the U.S. Navy – Military Sealift Command’s (MSC) award of $32 million O/M contract […]

Responsibility Criteria v. Contract Performance Requirements – When Can You Protest?

By on June 8, 2017 | Posted in Bid Protests

Imagine a scenario in which a solicitation, calling in part for certain vehicle storage by bidders, requires that “[t]he contractor shall provide evidence that it has complied with all laws and ordinances associated with vehicle storage.  Applicable permits shall be kept current throughout the terms of the contract.”  Imagine then that a […]

Fundamentals to Winning Bid Protests at GAO — Part 1: Make Your Debriefing Count

By on June 1, 2017 | Posted in Bid Protests

In FY 2016, there were 2,789 bid protests filed at the Government Accountability Office (“GAO”) challenging federal procurement decisions.  In approximately 46% of these protests, the protester obtained some or all of the relief it was seeking, either through the protest being sustained by GAO, or through the federal agency […]

California Supreme Court Says No to Tortious Interference in Public Bidding

By on April 13, 2017 | Posted in Bid Protests

In Roy Allen Slurry Seal, Inc. v. American Asphalt South, Inc., (2017) 2 Cal.5th 505, the California Supreme Court recently ruled that disappointed bidders could not state a claim for the tort of intentional interference with prospective economic advantage against companies that obtain public contracts based on business practices that […]

GAO has Jurisdiction to Review Award of an Intergovernmental Support Agreement

By on April 4, 2017 | Posted in Bid Protests

In what appears to be the first litigation concerning “intergovernmental support agreements” (IGSA), the Government Accountability Office (GAO) in Red River Waste Solutions, Inc., B-414367 (March 21, 2017) declared that it has jurisdiction to review the award of IGSAs (in this particular case an IGSA for garbage collection services). Section 331 of […]

Did the U.S. Court of Federal Claims Just Make it Easier to Obtain a TRO in a Bid Protest?

By on March 31, 2017 | Posted in Bid Protests

Unlike bid protests filed at the Government Accountability Office (“GAO”), there is no automatic Competition in Contacting Act (“CICA”) stay that applies to protests filed at the U.S. Court of Federal Claims (“COFC”). Instead, a protester wishing for the contract award to be halted during the pendency of a COFC protest has […]