CORRECTION: Congress to Vote on Radically Altering CFC's Bid Protest Timeliness Rules
Client Alert | 1 min read | 05.15.12
Yesterday we erroneously reported that a provision to amend the Tucker Act with respect to the timeliness rules of Court of Federal Claims protests had been included in the 2013 National Defense Authorization Act reported by the House Armed Services Committee. We have learned that this proposed legislation from the Department of Defense was ultimately not included in the bill, as reported, perhaps because such amendments to Title 28 of the U.S. Code are within the jurisdiction of the Judiciary Committee, but we will continue to track this proposed legislation.
May.14.2012
REVISED -- see above. Late last week, the House Armed Services Committee passed a committee mark version of the 2013 National Defense Authorization Act that includes a provision that would amend the Tucker Act to adopt all of the GAO's timeliness rules for bid protests. If the bill is signed into law in its current form, protesters would no longer be able to file Court of Federal Claims bid protests after an unsuccessful effort at the GAO, but would be required to select one forum or the other.
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Client Alert | 3 min read | 07.23.26
It is well established that “[c]ompetitive prejudice is an essential element of every viable protest.” Yet, for decades, the U.S. Government Accountability Office (GAO) has tempered this requirement with two critical corollaries: protesters need only demonstrate a “reasonable possibility” that they were prejudiced by an agency’s actions, and GAO “will resolve doubts regarding prejudice in favor of the protester.” These principles have been consistent features of GAO’s bid protest jurisprudence for more than 30 years. See, e.g., United Int’l Eng'g, Inc., B-245448, Jan. 29, 1992, 71 CPD ¶ 177.
Client Alert | 3 min read | 07.23.26
Second Circuit Affirms Preliminary Injunction Against Nielsen in Constructive Tying Case
Client Alert | 4 min read | 07.22.26
Client Alert | 4 min read | 07.22.26
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