Cherie Owen is a senior counsel in the Government Contracts group. Cherie counsels and represents clients in a wide array of government contracts issues, with a focus on bid protests at the United States Government Accountability Office (GAO) and the United States Court of Federal Claims. As a former GAO bid protest hearing officer, she resolved some of the most challenging bid protests on procurements ranging from thousands to billions of dollars involving solicitation challenges, proposal evaluation challenges, organizational conflicts of interest, Procurement Integrity Act violations, affirmative responsibility determinations, the conduct of discussions, and competitive range determinations. In this role, Cherie held numerous bid protest hearings. At GAO she handled more than 600 protests and issued more than 500 decisions.
After serving for several years as a GAO bid protest hearing officer, Cherie was promoted to the position of Deputy Assistant Counsel for Procurement Law and eventually Acting Assistant General Counsel for Procurement Law. In this role, she supervised a team of GAO bid protest hearing officers. Cherie also served as a judge on the GAO Contract Appeals Board, where she resolved appeals of contracting officers’ final decisions regarding contract claims for legislative branch agencies.
Cherie is a thought leader on topics relating to bid protests and agencies’ use of their Other Transaction Authority (OTA) and holds several leadership roles in the ABA Public Contract Law Section and maintains an active pro bono practice.
Government Experience
- United States Government Accountability Office, Office of General Counsel (2004-2016):
- Acting Assistant General Counsel, Procurement Law (2016)
- Deputy Assistant General Counsel, Procurement Law (2015-2016)
- Judge, GAO Contract Appeals Board (2013-2016)
- Senior Attorney, Procurement Law (2008-2015)
- Staff Attorney, Legal Services Division (2004-2008)
Affiliations
Admissions
Admitted to practice: Admitted to practice: District of Columbia, Pennsylvania, and U.S. Court of Federal Claims
Professional Activities and Memberships
- Law360 Government Contracts Editorial Advisory Board (2017, 2019)
- Co-Chair, ABA PCLS Bid Protest Committee (2016-2019) & Diversity Committee (2015-2018)
- Board of Governors, Board of Contract Appeals Bar Association (2015-2018)
Speeches & Presentations
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"Grants and Infrastructure Webinar," Crowell & Moring Webinar.
(March 1, 2022).
Speakers: Lorraine M. Campos, Cherie J. Owen, and Erin Rankin.
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"Bid Protest Issues to Watch in 2022," Crowell & Moring, 2022.
(January 27, 2022).
Speakers: Anuj Vohra, Cherie J. Owen, Issac D. Schabes, Karla V. Perez Chacon
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"Pub K Annual Review 2022: Bid Protests," Pub K Annual Review 2022 Webinar.
(January 24, 2022).
Speakers: Cherie J. Owen.
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"OTAs and Intellectual Property: Hot Topics and New Developments," NCMA World Congress
(July 2019).
Speaker: Cherie J. Owen.
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"Ten Things You Need to Know About Other Transaction Agreements (OTAs)," National Contract Management Association Webinar
(May 2019).
Speaker: Cherie J. Owen.
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"Cost Analysis in Government Contracts," Public Contracting Institute
(April 2019).
Speaker: Cherie J. Owen.
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"Oral Advocacy in Bid Protests: A Discussion of Oral Arguments at COFC and Hearings at GAO," American Bar Association, Section of Public Contract Law, Bid Protest Committee
(April 2018).
Speaker: Cherie J. Owen.
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"Hot Topics and Trends in Bid Protest Practice and Procedure," American Bar Association Live Webinar
(January 2018).
Speaker: Cherie J. Owen.
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"Introduction to Bid Protests", American Bar Association Live Webinar
(November 2017).
Speaker: Cherie J. Owen.
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"Back to School: Protest Musings and Updates From Your Co-Chairs," American Bar Association, Section of Public Contract Law, Bid Protest Committee
(September 2017).
Speaker: Cherie J. Owen.
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"Bid Protests and Solicitation Ambiguities," Federal Circuit Bar Association’s Government Contracting Summit
(April 2017).
Speaker: Cherie J. Owen.
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"Proposal Evaluations: Cost Realism Evaluations," Public Contracting Institute Live Webinar
(April 2017).
Speaker: Cherie J. Owen.
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"The Most Important Bid Protest Decisions of 2016," American Bar Association Live Webinar
(April 2017).
Speaker: Cherie J. Owen.
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"GAO Bid Protests: Insights from an Insider," National Contract Management Association 35th Annual Government Contract Management Symposium, Washington, DC
(December 2016).
Speaker: Cherie J. Owen.
Publications
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"Letter To Agency About Solicitation Requirement Creates Pre-Award Timeliness Trap," Westlaw
(February 24, 2022).
Authors: Robert J. Sneckenberg, Christian N. Curran, Rina M. Gashaw, Cherie J. Owen.
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"Agency Failure To Consider Impact Of Corporate Transaction Renders Award Decision Infirm," Westlaw
(February 4, 2022).
Authors: Anuj Vohra, Cherie J. Owen, and Issac D. Schabes.
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"File Your Pre-Award Protest Early. Just Not Too Early." PubKGroup
(December 6, 2021).
Authors: Anuj Vohra, Cherie J. Owen, and Issac D. Schabes.
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"Other Transactions: A Small Step for Public Contracting, a Giant Challenge for Protest Jurisdiction," The Procurement Lawyer
(September 1, 2020).
Co-author: Cherie J. Owen.
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"Bid Protest Pitfalls: Three Commonly Misused Arguments at GAO," The Procurement Lawyer
(July 1, 2017).
Author: Cherie J. Owen.
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"Alternative Dispute Resolution: A Practical Guide for Resolving Government Contract Controversies," ABA Book Publishing
(Third Edition, 2014).
Co-author: Cherie J. Owen.
Client Alerts & Newsletters
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"Procurement Collusion Strike Force Nabs Another Military Contractor in Bid Rigging Scheme,"
Government Contracts Bullet Points
(June 27, 2022).
Contacts: Stephen M. Byers, Alexis Victoria DeBernardis, Lyndsay A. Gorton, Agustin D. Orozco, Cherie J. Owen
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"GAO Finds Key Person “Unavailable” Despite Still Being Employed on Date of Award,"
Government Contracts Bullet Points
(June 17, 2022).
Contacts: Amy Laderberg O'Sullivan, Anuj Vohra, Robert J. Sneckenberg, Cherie J. Owen
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"Email Exchange Constitutes “Timely, Formal Challenge” for Purposes of Avoiding Blue & Gold Waiver Rule,"
Government Contracts Bullet Points
(May 20, 2022).
Contacts: Anuj Vohra, Robert J. Sneckenberg, Cherie J. Owen, Issac D. Schabes
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"DLA Issues Request for Information on Weapons Systems or Commercial Capabilities for Ukraine Security Assistance,"
Government Contracts Bullet Points
(April 29, 2022).
Contacts: Robert J. Sneckenberg, Cherie J. Owen
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"All Things Protest: COFC Rejects GAO’s Key Personnel Notification Rule,"
Podcast: All Things Protest
(March 29, 2022).
Contacts: Robert J. Sneckenberg, Christian N. Curran, Anuj Vohra, Cherie J. Owen
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"Filing a Timely Protest is Half the Battelle,"
Government Contracts Bullet Points
(March 24, 2022).
Contacts: Anuj Vohra, Cherie J. Owen, Issac D. Schabes
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"Letter to Agency About Solicitation Requirement Creates Pre-Award Timeliness Trap,"
Government Contracts Bullet Points
(February 8, 2022).
Contacts: Robert J. Sneckenberg, Christian N. Curran, Cherie J. Owen, Rina M. Gashaw
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"COFC Rejects GAO’s Duty to Notify of Key Personnel Departures,"
Government Contracts Bullet Points
(February 7, 2022).
Contacts: Anuj Vohra, Robert J. Sneckenberg, Cherie J. Owen, Issac D. Schabes
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"Agency Failure to Consider Impact of Corporate Transaction Renders Award Decision Infirm,"
Government Contracts Bullet Points
(January 12, 2022).
Contacts: Anuj Vohra, Cherie J. Owen, Issac D. Schabes
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"Not So Majeure—GAO Finds Agency Properly Rejected a Bid Classifying All COVID-19-Related Events as an Excusable Cause of Delay,"
Government Contracts Bullet Points
(December 13, 2021).
Contacts: Daniel R. Forman, Cherie J. Owen, Alexandra Barbee-Garrett, Rina M. Gashaw, Amanda H. McDowell
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"DoD Agrees To Improve How It Approaches Intellectual Property Under Government Contracts,"
Government Contracts Bullet Points
(December 8, 2021).
Contacts: Nicole Owren-Wiest, John E. McCarthy Jr., Jonathan M. Baker, Cherie J. Owen, M. Yuan Zhou, Christopher D. Garcia
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"A Georgia District Court Enjoins the Government from Enforcing the Federal Contractor Vaccine Mandate Nationwide,"
Government Contracts Bullet Points
(December 7, 2021).
Contacts: Kris D. Meade, Thomas P. Gies, Katie Erno, Peter Eyre, Lorraine M. Campos, Cherie J. Owen, Alexandra Barbee-Garrett, Rina M. Gashaw
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"File Your Pre-Award Protest Early. Just Not Too Early.,"
Government Contracts Bullet Points
(November 23, 2021).
Contacts: Anuj Vohra, Cherie J. Owen, Issac D. Schabes
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"GAO Releases Annual Bid Protest Report to Congress for FY 2021, Identifies New “Top Ground” for Sustains,"
Government Contracts Bullet Points
(November 18, 2021).
Contacts: Anuj Vohra, Cherie J. Owen
Press Coverage