The Consolidated Appropriations Act for Fiscal Year 2014 required the U.S. Government Accountability Office (“GAO”) to establish an electronic docketing system for bid protests. Now, four years later, there are indications that the GAO might be moving to the Electronic Protest Docketing System (“EPDS”) sometime this year. Before going live with EPDS, the GAO is implementing a pilot program in which certain protests already filed at the GAO will be moved into EPDS. The pilot program will ensure that EPDS is fully operational before it goes live and becomes the sole means for filing a bid protest at the GAO. Continue Reading The GAO’s Electronic Docket May Be Going Live Soon!
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On September 20th, the California University of Pennsylvania Government Agency Coordination Office – Procurement Technical Assistance Center is hosting a webinar on all aspects of the protest process taught by Cohen Seglias Federal Contracting Partner Maria Panichelli.
As any Federal Government contractor will tell you, today’s federal contracting market is extremely competitive. Many solicitations ultimately involve bid, size or status/eligibility protests. Understanding these protests and the related procedures can make the difference between getting the contract, or getting left out of the race altogether. Maria will explain the differences between the various types of protests and walk you through the debriefing process, as well as the who, what, when, where, why & how of filing a protest. Maria will also explain the other side of protests, teaching you how to defend against protests filed by frustrated competitors. Sign up today and learn how to use debriefings and protests as an affirmative tool to get the contracts you want.
February 22, 2017 – The Perks, Procedure, & Common Pitfalls of Federal Small Business Program Eligibility & Certification: Recording Available
March 22, 2017 – Teaming Arrangements, Joint Ventures, and Mentor-Protégé Relationships
April 19, 2017 – Protests and Size/Eligibility Investigations
Last month, we reported that the Government Accountability Office’s (“GAO”) statutory authority to hear bid protests on civilian task orders exceeding $10 million had expired, leading to a parade of dismissed protests and disappointed contractors left without legal recourse. As of last week, there is reason to be hopeful, as the House of Representatives and Senate agreed on legislation that promises to permanently restore the GAO’s authority to hear civilian bid protests. Continue Reading Proposed 2017 NDAA is a Mixed Bag for Government Contractors
In a recently released bid protest decision that could spell trouble for federal agencies, the Court of Federal Claims rejected as unreasonable the Federal Highway Administration’s (“FHWA”) proposed corrective action in an $18 million procurement for support services. Continue Reading Court of Federal Claims Puts Corrective Action Under the Microscope
In a recent decision, the Government Accountability Office (“GAO”) disappointingly, if unsurprisingly, confirmed that it no longer has jurisdiction to hear protests against a task order issued by a civilian agency. Continue Reading Sun Sets on Civilian Task Order Protests
We are excited to bring you another webinar that we are hosting with Govology and presented by Maria Panichelli! We are happy to provide friends of Cohen Seglias a 25% discount off of this webinar when they register using the code protest25. This is a live webinar that includes on demand recordings that you will be able to access even if you cannot make the scheduled time. We think you will find this webinar to be not only informative but also a useful tool! Continue Reading Everything You Need to Know About Protests: Govology Webinar
On March 9th, 2016, join Maria Panichelli and Amy Kirby for their two seminars, “The Fundamentals of the Far Part 1, 2 and 3,” and “Debriefings, Bid Protests and Size Status Eligibility,”as part of the Procurement Technical Assistance Center of Delaware‘s (PTAC) two part seminar event, Two Seminars on the Same Day, One Price.
For more information on these seminars, please click here.
The conference is a two day event held on February 9th and 10th and will focus on federal and legal updates and how to navigate the ever-changing world of federal contracting. The nation’s top legal firms and the industry’s best consultants will be there to help 8(a) certified and non-8(a) certified businesses gain the valuable education, promotion, and federal contracting information they need to further advance their level of experience and achieve a higher degree of success.
For more information, and to register for the National 8(a) Association Winter Conference, please click here.
Edward T. DeLisle is Co-Chair of the Federal Contracting Practice Group. Ed frequently advises contractors on federal contracting matters including bid protests, claims and appeals, procurement issues, small business issues and dispute resolution.
The Government Accountability Office (“GAO”) issues statistics each year regarding the outcome of bid protests. In 2015, there were 2,639 cases filed and there we 587 decisions on the merits. Of those, only 68 protests were sustained. According to the way the GAO presents its statistics, that would indicate that protestors prevailed approximately 12% of the time. In reality, since many protests were withdrawn or summarily dismissed, the protesters only prevailed in 68 of the 2,639 protests filed and the true success rate was closer to 3%. With those odds, why would anyone file a GAO bid protest? The answer requires a little closer scrutiny since statistics can be misleading.