Heimberg, McLish, Whitehead Article on Important Bid Protest Decisions Published by Law360

Law360 has published “3 Recent Bid Protest Decisions You Should Know About,” an article based on this client alert by Akin Gump litigation partners Scott Heimberg and Thomas McLish and counsel Joseph Whitehead, all of whom have substantial government contracts components to their practices.

The article discusses “[t]hree recent bid protest decisions from the U.S. Court of Federal Claims and the U.S. Government Accountability Office may affect how government contractors approach the proposal and protest process.”

They note three important points:

  • The COFC held that a protest may be time-barred if it is based on information revealed in an earlier protest of the same award, further cementing the importance of intervening in protests where possible.
  • The GAO confirmed that an agency may use a contractor’s cybersecurity approach as a technical evaluation factor and give extra credit to offerors who exceed the minimum requirements set by regulation or the solicitation.
  • The COFC issued an opinion finding that a potential offeror that did not have a record of relevant past performance lacked standing to protest a sole-source solicitation, which seems inconsistent with an important Federal Acquisition Regulation requirement for evaluating past performance.

The matters they study and analyze are Sonoran Technology and Professional Services LLC v. United States; IPKeys Technologies LLC; and CliniComp International Inc. v. United States.

To read the full article, please click here.