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Bid Protests

Contacts

Richard B. Oliver
Partner, Los Angeles
T: +1.213.488.7102
Alex D. Tomaszczuk
Partner, Los Angeles
T: +1.213.488.7110
John E. Jensen
Partner, Northern Virginia
T: +1.703.770.7560
David B. Dixon
Partner, Northern Virginia
T: +1.703.770.7557
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Areas of Focus

Our Bid Protest Team has decades of experience in federal bid protests of all types—including at the agency level and before the GAO, the Court of Federal Claims and the Federal Circuit.

Bid protests are a critical facet of the federal procurement process and ensure that the government’s procurement decisions are rendered lawfully. Protests ensure that contractors competing for federal contracts are evaluated fairly and in accordance with the solicitation and the FAR. As the budgets of certain federal agencies shrink, the bid protest process becomes an especially important tool for contractors in pursuing or maintaining existing federal work. Bid protests remain equally important in Department of Defense procurements, where spending appears likely to remain strong.

Using bid protests successfully to obtain or retain federal contracts requires a wide variety of legal expertise, strategic and pragmatic thinking, and creativity. Our Bid Protest Team draws on a wealth of experience. Our practitioners’ recent successes include overturning the original award decisions of civilian and defense agencies — ultimately resulting in high-value federal awards to our clients. Our team also has successfully defended numerous recent high-value awards, helping our clients protect hundreds of millions of dollars in potential revenue.

Representative Experience

  • Represented CAE USA Inc. in a successful defense before the U.S. Court of Federal Claims (No. 20-575 and No. 20-609C, Oct. 28, 2020) of a $97 million contract award by the U.S. Department of the Army.
  • Represented Evergreen JV in successful protest of the Air Force’s decision to remove client from competition in $2 billion Brooks Act procurement, resulting in published decision which sustains all five protest grounds and requires reimbursement of attorneys’ fees (B-418475.4, Sept. 23, 2020, 2020 CPD 301).
  • Represented Verizon Business Network Services Inc. in a successful defense before GAO (No. B-418649 et al., July 14, 2020) of $200 million+ award of a Department of Commerce procurement for telecommunications, networking services and associated support.

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  • Represented INDUS Technology Inc. in successful protest of the Navy’s award decision for $50 million logistics support services contract (B-418958, Oct. 21, 2020). After GAO ADR Outcome Prediction, the Navy decided to take corrective action and reimburse attorneys’ fees.
  • Represented PGLS LLC in a successful protest of corrective action before the U.S. Court of Federal Claims (No. 20-1023C and No. 20-1068C) of an $80 million small business contract award by the Federal Bureau of Prisons, resulting in an injunction against the termination of that contract.
  • Represented Battelle Memorial Institute in successful protest of $20+ million Centers for Disease Control and Prevention award resulting in corrective action (B-418047.3, B-418047.4, May 18, 2020, 2020 CPD).
  • Represented Qi Tech LLC in successful defense of $50+ million protest resulting in award to our client (B-416711.10, Apr. 16, 2020, 2020 CPD 148).
  • Represented Altavian Inc. in successful defense of $50+ million protest resulting in award to our client (B-417701.1, B-417701.2, Sept. 17, 2019, 2019 CPD 323).
  • Represented C-HIT in a successful GAO bid protest (No. B-413104.30, Apr. 11, 2019) of the elimination of C-HIT’s proposal from consideration for award of the National Institutes of Health’s $20 billion CIO-SP3 multiple-award contract.
  • Represented Cognosante LLC in the successful GAO bid protest (No. B-417111.1, Feb. 21, 2019) of the U.S. Department of Veterans Affairs’ award of a $1 billion IT services task order.
  • Represented Sparksoft Corporation in a successful pre-award bid protest before the U.S. Court of Federal Claims (No. 18-1708C, Jan. 24, 2019) of a $45 million Centers for Medicare and Medicaid Services’ procurement for IT services.
  • Represented Ace Info Solutions Inc. in a successful GAO bid protest (No. B-414650.10, May 21, 2018) of $192 million award of a Department of Homeland Security IT services contract.
  • Represented Immersion Consulting LLC in two successful GAO bid protests (No. B-415155, et al., May 18, 2018) of the Defense Human Resources Activity’s award of a small business contract for program management support services.
  • Represented T Square Logistics Services Corporation before the U.S. Court of Federal Claims (No. 17–744C, Oct. 16, 2017) in a successful challenge to the U.S. Department of the Air Force’s elimination of T-Square from the competition for a large base support services contract.
  • Other Notable Decisions
  • Represented Springfield Parcel C LLC, a subsidiary of Boston Properties LP, in a successful bid protest before the U.S. Court of Federal Claims (No. 15-1069C) of a $320 million award decision of the GSA for new headquarters space for the Transportation Security Agency.
  • Represented Providence Financial Plaza (Providence) in connection with its successful defense of a protest filed at the GAO challenging the award to Providence of a new ten-year lease for the headquarters of the United States Attorneys’ Offices in Providence, RI. The incumbent-protestor raised a number of protest grounds, including the alleged failure of Providence to comply with certain mandatory minimum requirements of the Request for Lease Proposal issued by GSA. All such arguments were convincingly opposed by Providence and rejected by the GAO in its final decision.
  • Represented McCann-Erikson USA Inc. in the successful GAO bid protest (No. B-414787) of the U.S. Army’s elimination of McCann’s proposal from consideration for award of the Army’s $4 billion contract for advertising services.
  • Represented Harper Construction Company Inc. in the successful GAO bid protest (No. B-415042) of the award of a $50 million contract by the U.S. Department of the Army for construction services.
  • Represented ENSCO Inc. in a series of successful GAO bid protests (No. B-414844, et al.) of the award of a $60 million contract by the Defense Threat Reduction Agency for the provision of support services.
  • Represented Next Phase Solutions and Services Inc. in a successful GAO bid protest (No. B-413116.38) of awards under the Centers for Medicare and Medicaid Services’ $25 billion SPARC multiple-award contract.
  • Represented Abacus Technology Corporation in a successful GAO bid protest (No. B-409686) of the U.S. Air Force’s award decision under the several billion dollar “NETCENTS-2” procurement.
  • Represented Alutiiq-Banner Joint Venture in a successful GAO bid protest (No. B-412952) of a $25 million award for a NASA human resources support services contract.
  • Represented a Big Four accounting firm in successful defense before the U.S. Court of Federal Claims of a $55 million contract award by the U.S. Department of the Army.
  • Served as counsel for Octo Consulting Group Inc. in a successful cost claim at the GAO (No. 413116.50) following a protest of a $25 billion multiple-award contract to support the “SPARC” Program.
  • Served as counsel for Paragon Technology Group Inc. in a successful bid protest at the GAO (No. B-412636) of a $41 million award by the U.S. Transportation Command.
  • Served as counsel for Raymond Express International in a successful pre-award protest at the GAO (No. B-409872.2) of terms of a solicitation issued by the Defense Commissary Agency for an anticipated $198 million award.

Resources

Factsheet

Government Contracts & Disputes Overview

2022 Law360 Practice Group of the Year

Pillsbury's Government Contracts team named Practice Group of the Year by Law360

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