Every trial lawyer knows that it is dangerous to ask a question to a witness unless he already knows the answer. In this bid protest case, a contractor asked a question that was published in the solicitation’s Questions and…
Who says that government contract law is not fun? While it is not common for a federal judge to cite Lewis Carroll’s, Alice’s Adventures in Wonderland in a bid protest decision, it is not common for the United States…
If the law requires competitive bidding for a government contract, and an agency designates a contract as one for small businesses only, does the removal of large businesses from the contracting pool itself render the solicitation non-competitive? The Court…
A government contractor wins its second bid protest in a row at the Court of Federal Claims. In this latest instance, it won because the agency, the Army, failed to document its evaluation and came across to the Court…
Your Recruiting Company, Inc. (“YRC”) and Golden Key Group, L.L.C. had once been in a joint venture together. As is common in such relationships, they agreed to share proprietary data, subject to a nondisclosure agreement. Subsequently, both companies bid…
The concept of “timing is everything” applies to most things in life. With the rapid changes of government contracting law, the concept is particularly applicable to bid protests. Dellew Corporation was a long-time incumbent contractor for the Air Force.…
It is not often that a federal appellate court will write one of George Carlin’s “Seven Dirty Words” over a dozen times in a published legal opinion — often in all capital letters. However, in a US Court of…
American Apparel, Inc., along with Bluewater Defense, Inc. provides coats and other all-weather clothing to the United States Defense Logistics Agency under a government contract. The Agency wanted to purchase additional apparel not specifically listed in the contract via…
In an example of good intentions over common sense, the Army pulled a particularly hazardous, physical contract from an incumbent contractor, Systems Application & Technologies, Inc. (Sa-Tech), and gave it instead to a company with zero experience but promising…
Timing is everything in law. In Plott Bakery Products, the government contractor complained that the Defense Logistics Agency failed to award her business a contract for their Meal, Ready-to-Eat Ration Program. Unfortunately, she complained about items in the solicitation…