Bid Protests

The Government Contracts practice has extensive experience in bid protest litigation at the Government Accountability Office ("GAO"), the Court of Federal Claims, and various federal agencies.  In the past five years, the group handled forty protest matters on behalf of a wide cross-section of clients from major defense companies to smaller support service and commercial item contractors.  Complex protests included as many as six parties and involved as many as forty-two lawyers.  Our clients were successful in more than eighty percent of our representations -- including both protesting and defending contract awards.  We have successfully addressed a wide variety of issues including organizational conflicts of interest, procurement integrity, country of origin compliance, task order awards, cost and price realism analyses, and other cutting-edge issues.

The group specializes in assisting clients in making informed judgments regarding viable bid protests.  We frequently participate in debriefings to assist our clients to obtain an adequate base of information to determine when a protest is both justified and can achieve a meaningful business result for the client.

Recent successful actions include:

• Protest of Contingency Management Group LLC.; IP Worldwide Services Inc., B-309752, et al.
  Successful protest of a multi-billion dollar award for Logistics Civil Augmentation Program (LOGCAP) IV contracts.
  
  
• Fluor Intercontinental Inc., B-405957.1
  Protest of multi-billion dollar Army contract awards for Global Contingency Services MAC resulted in corrective action contract award to client.
  
  
• Vanguard Recovery Assistance, Joint Venture v. United States, et al., COFC No. 11-39C
  Successful defense of post-award bid protest of multi-billion FEMA PATAC III emergency support services contract.
  
  
• KSD, Inc. v. United States and McDonnell Douglas Helicopter Company, COFC No. 05-1229C
  Bid protest defense of $1.5 billion Army contract for Apache helicopter parts.
  
  
• Protest of Lockheed Martin Aeronautics Company L-3 Communications Integrated Systems, LP, and BAE Systems IDS, Inc., B-295401
  Represented Boeing in GAO bid protest defense arising from conviction and post plea admissions of former Air Force acquisition official.
  
  
• Protest of KSD, Inc., B-297351
  Successful defense of protest against Army sole source contract for helicopter main rotor assemblies resulting in dismissal of protest.
  
  
• Native American Industrial Distributors, Inc., B-310737
  Successful protest of $50 million Bureau of Indian Affairs contract for information technology support services.
  
  
• Kilgore Flares Company, B-406139
  Successful defense of protest against Navy award of production contract for flares addressing a negative determination of offerors responsibility.
  
  
• Protest of FR Countermeasures, Inc., B-295376
  Successful defense of $200 million Army contract for Countermeasure flares resulting in denial and dismissal of protest.
  
  
• Avtec Systems, Inc., B-401920
  Successful protest of National Reconnaissance Office Communications Systems Acquisitions and Operations Directorate contract in support of project Puppet Master resulting in agency corrective action.