When the Government Accountability Office (“GAO”) recommends that a government agency take “corrective action” in procurement by making changes to its selection criteria or process, the Court of Federal Claims will routinely adjudicate challenges to the proposed corrective action. …
Often in the government contract law world, following a recommendation by the United States Government Accountability Office (“GAO”) in a winning bid protest is wise and bulletproof. However, in Turner Construction Co. v. United States, 2011 U.S. App. LEXIS 14370 (2011),…
A disappointed government contractor lost its bid protest, and the Court of Federal Claims explained the law on responsibility and responsiveness in offers to requests for proposals (“RFP”). The case is Nilson Van & Storage, Inc. v. United States, 2011…
A government contractor wins its post-award protest where the agency failed to adequately document its “best value” analysis. This is the latest of a string of recent successful bid protests wherein the government loses on the basis of poor…
Two large food distributors interested in competing for a $9.3 million contract to supply food to military and civilian customers in Texas and New Mexico win their pre-award bid protest against the Army’s Defense Logistics Agency Troop Support. They successfully…
In this pre-award bid protest, the General Service Administration (“GAO”) sought offers from contractors to provide various federal agencies with web-based travel management services. One contractor, CW Government Travel, Inc. (“CW”) protested the solicitation because it required the contractors…
In this post-award bid protest case, a task order from the Department of Labor seeking quotations for the maintenance and operation of its Integrated Management Information System drew three contractors. The winner, Microtechnologies, LLC, bid almost $40 million. A…
While Virginia strongly adheres to the employment-at-will doctrine, many employers have worried that the Virginia Supreme Court’s recognition of a public policy exception to this doctrine would make employers vulnerable to a host of wrongful discharge claims. However, a…
In this post-award bid protest case, a contractor who offered the government a very low price on a government contract failed to win the award. It complained that the Agency improperly used an inadequate Independent Government Cost Estimate (“ICGE”)…
As a recent lawsuit shows, an employer can generally discipline an at-will employee for such conduct, and may even bring legal action against him or her. (Employment at will is the default and most common employment relationship, allowing termination for any…