Category Archives: Bid Protests

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Postal Service Contractor? Would-be Contractor? A Look inside the U.S. Postal Service Bid Protest Process

Most sophisticated government contractors know that the Government Accountability Office (GAO) does not have jurisdiction over bid protests challenging procurements or proposed procurements by the U.S. Postal Service (USPS). However, few government contractors are aware that the USPS has its own bid protest (or “disagreement”) process, and even fewer government contractors know the details of … Continue Reading

Cybersecurity-Related Bid Protests: Feature Interview with Aron Beezley

Bradley attorney Aron Beezley recently sat down with PubKLaw for a feature interview about significant 2016 legal developments regarding bid protests. Among other things, the feature contains a discussion of the rising prominence of cybersecurity-related bid protests, an analysis of the most noteworthy cybersecurity-related bid protest decisions from the past year, and forecasts about what … Continue Reading

GAO Bid Protest Sustain Rate Nearly Doubles in FY 2016

The Government Accountability Office (GAO) recently issued to Congress its annual bid protest report. Of particular note, the report states that, “[o]f the protests resolved on the merits during fiscal year 2016, [GAO] sustained over 22 percent of those protests.” By comparison, in fiscal year 2015, GAO sustained 12 percent of the protests resolved on … Continue Reading

GAO Sustains Bid Protest Where, Among Other Things, the Agency Improperly Considered Cost Risk under Its Technical Evaluation

Recently, the Government Accountability Office (GAO) sustained a bid protest involving the U.S. Army Corps of Engineers’ (USACE) evaluation of proposals for remedial action and surface support assistance at the Gilt Edge Mine Superfund Site near Lead, South Dakota.  See Arcadis U.S., Inc., B-412828 (2016). While the GAO sustained the protest on approximately ten different … Continue Reading

Top Ten Reasons to Intervene in Bid Protests

A series of recent bid protest decisions from the Government Accountability Office (GAO) in which the protest was sustained—but in which an intervenor was not involved—serve as a great opportunity to remind federal government contractors of the importance of intervening in bid protests. For the (Top Ten) reasons set forth below, the decision not to … Continue Reading
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