One-Sided Discussions with the Awardee—the Solution, Not the Problem
Client Alert | 1 min read | 02.18.16
Last month in Caddell Construction v. U.S., the Court of Federal Claims declared the State Department's award of a contract for construction of a new embassy compound in Mozambique null and void and ordered the agency to reopen discussions with only the awardee and to reevaluate the offerors' pricing. In the redacted opinion released on February 10, the Court explained that the unusual remedy of one-sided discussions was appropriate because the agency misled the awardee during discussions into lowering its price when it was already the only price below the Independent Government Estimate and because the awardee would be prejudiced if all offerors were allowed to revise their proposals, given that the misleading discussions affected only the awardee and the award price and IGE had already been publicly disclosed.
Insights
Client Alert | 1 min read | 05.30.25
GAO’s recent dismissal of a protest filed by A2A Integrated Logistics, Inc. provides an important reminder regarding the strict timeliness rules that apply to bid protests. Quoters were required to electronically submit quotations and A2A experienced difficulty doing so. After contract award was announced, A2A emailed the Department of Veterans Affairs (VA) stating that it had been unable to submit its quotation. Twenty days later, the VA responded, confirming that A2A’s quotation had not been received; A2A filed an agency-level protest the same day, which the VA dismissed as untimely. A2A then filed a GAO protest.
Client Alert | 4 min read | 05.28.25
Federal Environmental Justice Compliance: The 180-Degree Change
Client Alert | 5 min read | 05.28.25
Client Alert | 2 min read | 05.27.25
Federal Circuit Resolves Circuit Split on Scope of IPR Estoppel
