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  • Bid Protests

We are regularly involved in bid protests, participating in proceedings before the General Accounting Office, the U.S. Court of Federal Claims and various federal procuring agencies. We represent clients filing protests, as well as clients who have been awarded contracts and then must defend against protests filed by disappointed bidders. Recent bid protest cases include the following:

  • We have represented manufacturers of high pressure air compressors in bid protests at the General Accounting Office and at the procuring agency, challenging awards of contracts for such compressors for a class of U.S. Navy vessels on grounds of, among other things, failure of the agency to follow the evaluation scheme of the solicitation, reliance of the agency upon unstated evaluation criteria, and unreasonable and irrational best value technical/cost tradeoff analysis.
  • We intervened in a protest action in federal district court on behalf of a seaman’s union in defense of a Navy contract award for large naval cargo ships to be manned by the merchant marine.
  • We represented a household goods move management firm in a bid protest at the U.S. Court of Federal Claims challenging the awards in a pilot U.S. Department of Defense program for military service household goods moves on grounds of, among other things, unreasonable evaluation of the offerors’ financial risk and failure to conduct meaningful discussions.
  • We represented a cargo air carrier in a bid protest challenging a U.S. Postal Service award of contracts for international airmail delivery.
  • We represented a contractor protesting the sole source award by the Air Force of a $50 million contract for upgrading flight crew threat simulators for advanced missile threats.
  • We represented an engineering firm in a pre-award protest of a major Air Force solicitation; the case involved an adversarial hearing before the GAO, which resulted in our client being readmitted to the competition and ultimately winning the contract award.
  • We represented a major research university protesting an award to a contractor based on improper application of evaluation factors.
  • We represented a material handling equipment manufacturer in a protest on grounds of defective negotiations.
  • We represented an experienced housing maintenance contractor in a post-award protest to GAO of a Navy solicitation, framing the case in a novel manner to take advantage of our client's experience and knowledge.
 

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