New revelations are emerging almost daily regarding procurement irregularities during the last 14 months at the highest levels of the Department of Homeland Security (DHS). Among other things, former Secretary
Continue Reading Protecting Protest Rights When a Procurement Scandal Is UnfoldingLuke Levasseur
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A Recent Federal Circuit Case Highlights the Perils of Not Intervening in a Bid Protest and Raises Issues Caused by a Party’s Failure To File a Redacted Pleading
By Luke Levasseur, Evan Williams & David O'Neill on
A federal contractor whose contract award is challenged in a bid protest often faces a dilemma: whether to intervene and participate in the litigation. Intervention generally requires an awardee to…
Continue Reading A Recent Federal Circuit Case Highlights the Perils of Not Intervening in a Bid Protest and Raises Issues Caused by a Party’s Failure To File a Redacted PleadingU.S. Government Accountability Office’s Fiscal Year 2025 Bid Protest Report to Congress: Protest Filings Fell While the Overall Effectiveness Rate Stayed Above 50%
By Evan Williams, Luke Levasseur & Jane Han on
As required by the Competition in Contracting Act (CICA), the U.S. Government Accountability Office (GAO) recently published its Annual Bid Protest Report to Congress for Fiscal Year (FY) 2025.[1]…
Continue Reading U.S. Government Accountability Office’s Fiscal Year 2025 Bid Protest Report to Congress: Protest Filings Fell While the Overall Effectiveness Rate Stayed Above 50%Government Makes Initial Awards in ‘Golden Dome’ SHIELD Procurement: Flexible Contract Structure Creates a Complex Bid Protest Landscape
By Evan Williams & Luke Levasseur on
Shortly after taking office in 2025, President Donald Trump directed the Pentagon to develop a missile defense shield for the United States. President Trump announced that the system would cost…
Continue Reading Government Makes Initial Awards in ‘Golden Dome’ SHIELD Procurement: Flexible Contract Structure Creates a Complex Bid Protest LandscapeOCIs: Recent GAO Decision Provides Insight on How to Successfully Challenge an Agency’s Investigation of Organizational Conflicts of Interest
By Evan Williams & Luke Levasseur on
The Federal Acquisition Regulation (FAR) generally requires contracting officials to identify and evaluate organizational conflicts of Interest (OCIs) as early as possible in a procurement. The FAR also requires the…
Continue Reading OCIs: Recent GAO Decision Provides Insight on How to Successfully Challenge an Agency’s Investigation of Organizational Conflicts of InterestOther Transaction Authority: COFC Employs a “Principal Purpose” Test to Determine Whether Bid Protest Jurisdiction Exists
By Evan Williams & Luke Levasseur on
Much has been written during recent years regarding the increasing volume of government acquisitions and spending effected under Other Transaction (OT) authority. These transactions are generally exempt from the requirements…
Continue Reading Other Transaction Authority: COFC Employs a “Principal Purpose” Test to Determine Whether Bid Protest Jurisdiction Exists