Thomas P. Humphrey is a senior counsel in the Washington, D.C. office of the law firm of Crowell & Moring. He represents clients in a wide variety of government contracts matters, including bid protests, False Claims Act and qui tam litigation, and investigations of potential criminal matters. Thomas focuses on handling computer, telecommunications, and health care bid protest litigation before the GAO and various trial and appellate courts.
Thomas is a frequent speaker on issues relating to contract formation and litigation of disputes in this area and has authored Federal Publications Briefing Papers on "The Scope of the Source Selection Official's Discretion" (No. 94-5, April 1994) and "Changes in the Notice of Award, Debriefing, and Protest Rules after FASA" (No. 95-10, September 1995).
He is active in the Bid Protest Committee of the Public Contract Law Section of the American Bar Association, and served for many years as a vice-chair of a committee of the Litigation Section of the American Bar Association. He has been named one of the top lawyers in the government contracts field by Chambers USA.
Affiliations
Admitted to practice: District of Columbia
Highlights, News & Knowledge
Speeches & Presentations
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"Bid Protests: Continued March on Washington," OOPS 2017, Crowell & Moring's 33rd Annual Ounce of Prevention Seminar, Washington, D.C.
(May 4, 2017).
Presenters: Amy Laderberg O'Sullivan, Thomas P. Humphrey, Olivia Lynch, James G. Peyster, and Robert J. Sneckenberg.
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"Thinking Strategically About Bid Protests: Frequently Overlooked Considerations," OOPS 2016, Crowell & Moring's 32nd Annual Ounce of Prevention Seminar, Washington, D.C.
(May 25-26, 2016).
Moderator: Amy Laderberg O'Sullivan; Presenters: Thomas P. Humphrey, James G. Peyster, Olivia Lynch, and Robert J. Sneckenberg.
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"Bid Protests: Avoiding Common Procurement Pitfalls," OOPS 2015, Crowell & Moring's 31st Annual Ounce of Prevention Seminar, Washington, D.C.
(May 5-6, 2015).
Moderator: Daniel R. Forman; Panelists: Thomas P. Humphrey, James G. Peyster, and Robert J. Sneckenberg.
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"What Will the New Year Bring: Bid Protests," Crowell & Moring Webinar
(January 7, 2015).
Presenters: Thomas P. Humphrey and James G. Peyster.
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"Shifting Tides on the Bid Protest Front," OOPS 2014, Crowell & Moring's 30th Annual Ounce of Prevention Seminar, Washington, D.C.
(May 13-14, 2014).
Moderator: Amy Laderberg O'Sullivan; Presenters: Thomas P. Humphrey, James G. Peyster, and Olivia Lynch.
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"What Will the New Year Bring: Bid Protests," Crowell & Moring Webinar
(January 9, 2014).
Presenters: Thomas P. Humphrey and James G. Peyster.
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"Bid Protests: Trends and Developments," OOPS 2013, Crowell & Moring's 29th Annual Ounce of Prevention Seminar, Washington, D.C.
(May 15-16, 2013).
Moderator: Daniel R. Forman; Presenters: Thomas P. Humphrey, Derek R. Mullins, and Olivia Lynch.
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"Recent Protest Decisions on Organizational Conflict of Interest," Crowell & Moring's 2012 Ounce of Prevention Seminar (OOPS), Washington, D.C.
(May 9-10, 2012).
Speaker: Tom Humphrey.
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"OCI's & PCI's: New Rules, New Cases, and New Implications For Compliance and Business Planning," Ounce OF Prevention Seminar (OOPS) XXVII
(May 25-26, 2011).
Moderator: Thomas P. Humphrey. Speakers: Elizabeth W. Newsom and James Peyster.
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"OCIs, PCIs, and Revolving Door Unfair Competitive Advantage," Crowell & Moring's Ounce of Prevention Seminar
(May 2010).
Co-Speakers: Thomas P. Humphrey, John E. McCarthy Jr., Thomas Kruza, and Peter J. Eyre.
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"Proposed OCI Rules," Crowell & Moring Webinar
(May 20, 2010).
Co-Presenters: Thomas P. Humphrey, John E. McCarthy Jr., and Peter J. Eyre.
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"Bid Protests and Competition 25 Years After CICA," Crowell & Moring Ounce of Prevention Seminar (OOPS)
(May 2009).
Co-Speakers: Thomas P. Humphrey, David Z. Bodenheimer, John E. McCarthy Jr. and Puja Satiani.
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"Bid Protests," The Resurgence of Procurement Reform, Ounce of Prevention Seminar (OOPS), Crowell & Moring, Washington, D.C.
(April 22-23, 2008).
Presenters: Daniel R. Forman, Thomas P. Humphrey and Elizabeth W. Newsom.
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"Bid Protests After FASA in Understanding the New Procurement Reform Legislation," The George Washington University Law School
(Oct. 96, Mar. 97, Sept. 97 and Mar. 98).
Speaker: Thomas P. Humphrey.
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"Bidding & Negotiation - Bid Protest Developments," Federal Publications Year In Review Conference
(1994-1998).
Speaker: Thomas P. Humphrey.
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"Information Technology Procurements Under ITMRA, in Understanding the New Procurement Reform Legislation," The George Washington University Law School
(October 1996, March 1997 and September 1997).
Speaker: Thomas P. Humphrey.
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"Bid Protests in the Federal Courts: The New "Scanwell" Law," ABA Section of Public Contract Law and the Court of Federal Claims Bar Association
(1996).
Speaker: Thomas P. Humphrey.
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"FASA Bid Protest Provisions and Other Bid Protest Issues," National Contract Management Association
(1995).
Speaker: Thomas P. Humphrey.
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"Reforming Bid Protests - Is There a Better Way?," National Contract Management Association, Annual Eastern Education Conference
(1995).
Speaker: Thomas P. Humphrey.
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"Suspension of Procurement Authority at GSBCA, in The GSBCA: An Effective Bid Protest Forum," ABA Section of Public Contract Law and the GSBCA
(1994).
Speaker: Thomas P. Humphrey.
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"General Accounting Office, New Protest Decisions," 1994 Government Contract Law Symposium, Army Judge Advocate General's School
(1994).
Speaker: Thomas P. Humphrey.
Publications
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"Federal Circuit Requires Government to Indemnify Contractors for CERCLA Remediation Costs Based on 'Taxes' Provision in WWII Contracts," Crowell & Moring's Government Contracts Legal Forum
(May 13, 2014).
Co-Authors: Robert J. Sneckenberg, Jonathan M. Baker, Stephen J. McBrady, and Thomas P. Humphrey.
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"Utility Privatization At Military Facilities: GAO Approves Bundled Procurements And Participation By Entities Not Pre-Approved By State And Local Utility Regulators," Government Contracts E-Links
(August 28, 2000).
Co-Authors: Raymond F. Monroe and Thomas P. Humphrey.
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"Changes in the Notice of Award, Debriefing, and Protest Rules after FASA," Briefing Papers 95-10
(September 1995).
Author: Thomas P. Humphrey.
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"The Scope of the Source Selection Official's Discretion," Briefing Papers 94-5
(April 1994).
Co-Authors: Thomas P. Humphrey and Paul Shnitzer.
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"Risks When Employees 'Take the Fifth' in Civil Procurement Proceedings," 28 Cont. Mgmt. J. 12
(1988).
Author: Thomas P. Humphrey.
Client Alerts & Newsletters
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"GAO Protest Jurisdiction over Most Task Order Awards by Civilian Agencies Ends Today,"
Government Contracts Bullet Points
(September 30, 2016).
Contacts: Daniel R. Forman, Thomas P. Humphrey, Amy Laderberg O'Sullivan, John E. McCarthy Jr.
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"Conflict of Interest by Government Official,"
Government Contracts Bullet Points
(November 23, 2015).
Contacts: Thomas P. Humphrey, Peter Eyre, John E. McCarthy Jr., James G. Peyster
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"White House Authorizes Indemnification for Ebola Contracts,"
Government Contracts Bullet Points
(November 17, 2014).
Contacts: Thomas P. Humphrey, Jonathan M. Baker, Stephen J. McBrady
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"Payback: Federal Circuit Requires Government to Reimburse under WWII-Era Indemnification Clauses,"
Government Contracts Bullet Points
(May 15, 2014).
Contacts: Stephen J. McBrady, Jonathan M. Baker, Thomas P. Humphrey, Robert J. Sneckenberg
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"Industrial Base Sole-Source Award Deficient,"
Government Contracts Bullet Points
(April 4, 2014).
Contacts: Thomas P. Humphrey, James G. Peyster, Olivia Lynch, Robert J. Sneckenberg
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"Price Realism Requirement Is Easily Triggered,"
Government Contracts Bullet Points
(May 20, 2013).
Contacts: Thomas P. Humphrey, James G. Peyster
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"CORRECTION: Congress to Vote on Radically Altering CFC's Bid Protest Timeliness Rules,"
Government Contracts Bullet Points
(May 15, 2012).
Contacts: Thomas P. Humphrey, James G. Peyster
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"Likely OCI Due to Unequal Information Access Yields PI,"
Government Contracts Bullet Points
(June 17, 2011).
Contacts: Thomas P. Humphrey, John E. McCarthy Jr., Peter Eyre, James G. Peyster
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"The Sun Has Not Set On Protests Of Civilian Agency Task Orders,"
Government Contracts Bullet Points
(June 14, 2011).
Contacts: Thomas P. Humphrey, John E. McCarthy Jr., Daniel R. Forman, Peter Eyre
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"Proposed FAR Provision Governing Organizational Conflicts of Interest,"
Government Contracts Bullet Points
(April 26, 2011).
Contacts: Thomas P. Humphrey, John E. McCarthy Jr., Peter Eyre, James G. Peyster
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"DoD Issues Final OCI Rule For Major Programs,"
Government Contracts Bullet Points
(January 4, 2011).
Contacts: Thomas P. Humphrey, John E. McCarthy Jr., Peter Eyre
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"DOD Issues Final OCI Rule For Major Programs,"
Government Contracts Bullet Points
(December 30, 2010).
Contacts: Thomas P. Humphrey, John E. McCarthy Jr., Peter Eyre
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"Challenge To OCI Waiver Falls Short,"
Government Contracts Bullet Points
(September 9, 2010).
Contacts: Thomas P. Humphrey, John E. McCarthy Jr., Peter Eyre
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"Only Significant OCIs Require Mitigation,"
Government Contracts Bullet Points
(August 18, 2010).
Contacts: Thomas P. Humphrey, John E. McCarthy Jr., Peter Eyre
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"CFC Rules That GAO Made Faulty OCI Analysis,"
Government Contracts Bullet Points
(July 21, 2010).
Contacts: Thomas P. Humphrey, John E. McCarthy Jr., Peter Eyre
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"DoD Issues Proposed Rules Governing Organizational Conflicts of Interest,"
Government Contracts Bullet Points
(April 28, 2010).
Contacts: Thomas P. Humphrey, John E. McCarthy Jr., Peter Eyre
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"D.C. Circuit Overturns Decision To Release Manufacturing Data Under FOIA,"
Government Contracts Bullet Points
(April 5, 2010).
Contacts: Thomas P. Humphrey, John E. McCarthy Jr., James G. Peyster
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"OCIs Must Be Considered During M&A Activity,"
Government Contracts Bullet Points
(April 1, 2010).
Contacts: Thomas P. Humphrey, John E. McCarthy Jr., Peter Eyre
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"Ready Or Not, Here FAPIIS Comes -- Significant New Disclosure Requirements For Contractors,"
Government Contracts Bullet Points
(March 25, 2010).
Contacts: Angela B. Styles, Thomas P. Humphrey, J. Chris Haile, Peter Eyre
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"GAO Ups the Ante on Biased Ground Rules OCIs,"
Government Contracts Bullet Points
(March 15, 2010).
Contacts: Thomas P. Humphrey, John E. McCarthy Jr., Peter Eyre
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"GAO Sustains TRICARE Protest On Multiple Grounds,"
Government Contracts Bullet Points
(November 18, 2009).
Contacts: Thomas P. Humphrey, David Z. Bodenheimer, John E. McCarthy Jr., Puja Satiani
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"OCIs Down Air Force Award,"
Government Contracts Bullet Points
(September 14, 2009).
Contacts: Daniel R. Forman, Thomas P. Humphrey, John E. McCarthy Jr.
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"GAO Bites Agency On Corrective Action Discussions,"
Government Contracts Bullet Points
(June 2, 2009).
Contacts: Thomas P. Humphrey, John E. McCarthy Jr., Peter Eyre, Puja Satiani
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"Congress Clamps Down On OCIs & Competition For DoD Major Systems,"
Government Contracts Bullet Points
(May 26, 2009).
Contacts: Thomas P. Humphrey, David Z. Bodenheimer, Peter Eyre
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"Federal Circuit Reaffirms Deferential OCI Standard,"
Government Contracts Bullet Points
(May 6, 2009).
Contacts: Thomas P. Humphrey, John E. McCarthy Jr.
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"CFC Has "Pre-Procurement" Protest Jurisdiction,"
Government Contracts Bullet Points
(August 29, 2008).
Contact: Thomas P. Humphrey
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"Post Hoc Explanation Inadequate To Save Unreasonable Price Evaluation,"
Government Contracts Bullet Points
(July 15, 2008).
Contacts: Thomas P. Humphrey, Daniel R. Forman
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"Tanker Award Tanked,"
Government Contracts Bullet Points
(June 19, 2008).
Contacts: Thomas P. Humphrey, John E. McCarthy Jr., David Z. Bodenheimer, Daniel R. Forman
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"New Protest Jurisdiction at GAO,"
Government Contracts Bullet Points
(June 17, 2008).
Contacts: Thomas P. Humphrey, John E. McCarthy Jr., David Z. Bodenheimer, Daniel R. Forman
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"Task Order Protest as Breach at The ASBCA,"
Government Contracts Bullet Points
(May 28, 2008).
Contacts: Thomas P. Humphrey, John E. McCarthy Jr.
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"Agency's Preclusionary (And Erroneous) "Revolving Door" Advice Provides Pre-Award Bid Protest Standing,"
Government Contracts Bullet Points
(May 9, 2008).
Contact: Thomas P. Humphrey
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"CFC Faults GSA's False Statistical Precision In Major Evaluation,"
Government Contracts Bullet Points
(March 10, 2008).
Contacts: Thomas P. Humphrey, Daniel R. Forman
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"Potential OCI Short-Circuits Sole-Source Award,"
Government Contracts Bullet Points
(January 17, 2008).
Contact: Thomas P. Humphrey
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"Court Explores New Frontier On The OCI Front,"
Government Contracts Bullet Points
(October 17, 2007).
Contacts: Thomas P. Humphrey, John E. McCarthy Jr.
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"Proof Of Actual Bias Not Required To Show Conflict Of Interest,"
Government Contracts Bullet Points
(December 7, 2006).
Contacts: Thomas P. Humphrey, John E. McCarthy Jr.
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"RFP Must State Whether Or Not Subcontractor Past Performance Will Be Considered,"
Government Contracts Bullet Points
(November 16, 2006).
Contacts: Amy Laderberg O'Sullivan, Thomas P. Humphrey
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"Request For Clarification Amounts To Discussions ,"
Government Contracts Bullet Points
(August 4, 2006).
Contacts: Daniel R. Forman, Thomas P. Humphrey
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"Sample Tasks Must Be Reasonable Proxy For Entire Contract,"
Government Contracts Bullet Points
(June 8, 2006).
Contact: Thomas P. Humphrey
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"Lack Of Experience Can Be Cured,"
Government Contracts Bullet Points
(June 2, 2006).
Contact: Thomas P. Humphrey
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"You Win Some/You Lose Some,"
Government Contracts Bullet Points
(June 1, 2006).
Contact: Thomas P. Humphrey
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"CMS Loses Medicare Protest Under New Competitive Procedures ,"
Government Contracts Bullet Points
(May 19, 2006).
Contact: Thomas P. Humphrey
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"Jurisdiction Found Over 85-804 Indemnification Clause Breach Claims,"
Government Contracts Bullet Points
(May 1, 2006).
Contact: Thomas P. Humphrey
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"Failure To Update Invalidates Evaluation And Responsibility Determination,"
Government Contracts Bullet Points
(February 17, 2006).
Contact: Thomas P. Humphrey
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"OCI Mitigation Doesn't Go Far Enough,"
Government Contracts Bullet Points
(February 13, 2006).
Contact: Thomas P. Humphrey
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"Unequal Price Discussions Sink Award ,"
Government Contracts Bullet Points
(February 6, 2006).
Contact: Thomas P. Humphrey
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"Plain Meaning Of Statute Restricts Competition ,"
Government Contracts Bullet Points
(February 2, 2006).
Contact: Thomas P. Humphrey
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"FY05 Protestors Achieve Effective Relief 37% Of Time At GAO,"
Government Contracts Bullet Points
(January 27, 2006).
Contacts: Thomas P. Humphrey, Daniel R. Forman
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"Mitigation Plan Doesn't Always Heal OCI,"
Government Contracts Bullet Points
(January 18, 2006).
Contact: Thomas P. Humphrey
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"Presolicitation Statements Not Dispositive Of Whether Mod Is Beyond Scope,"
Government Contracts Bullet Points
(December 28, 2005).
Contact: Thomas P. Humphrey
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"All Similar Past Performance Scores Are Not Comparable,"
Government Contracts Bullet Points
(December 21, 2005).
Contacts: Thomas P. Humphrey, Amy Laderberg O'Sullivan
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"Crowell & Moring Attorneys Successfully Rebuff Challenge to Modification of Medicare Coordination of Benefits Contract ,"
Health Law 'In The News'
(December 15, 2005).
Contact: Thomas P. Humphrey
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"Sole-Source Protest Win Nets Only Protest Costs,"
Government Contracts Bullet Points
(December 8, 2005).
Contact: Thomas P. Humphrey
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""National Security" Limits Judicial Review Of CICA Stay Override,"
Government Contracts Bullet Points
(February 23, 2005).
Contact: Thomas P. Humphrey
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"A GSA Schedule Buy Must Be All Schedule,"
Government Contracts Bullet Points
(February 7, 2005).
Contacts: Thomas P. Humphrey, John E. McCarthy Jr.
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"No Match, No Deal In FSS Buy,"
Government Contracts Bullet Points
(January 5, 2005).
Contact: Thomas P. Humphrey
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"Agency Must Discuss Evaluated Weaknesses,"
Government Contracts Bullet Points
(September 14, 2004).
Contacts: Thomas P. Humphrey, Daniel R. Forman
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"GAO Finds "Classic Example" Of Impaired Objectivity OCI,"
Government Contracts Bullet Points
(September 10, 2004).
Contacts: Thomas P. Humphrey, Amy Laderberg O'Sullivan
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"GAO Finds Discussions Were Not Meaningful And, In Fact, Misleading,"
Government Contracts Bullet Points
(June 30, 2004).
Contacts: Thomas P. Humphrey, Daniel R. Forman
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"For Iraq War Items Sole Source Award, COFC Grants Limited Injunctive Relief Despite OCI And CICA Violations,"
Government Contracts Bullet Points
(May 21, 2004).
Contact: Thomas P. Humphrey
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"GAO Dismisses Subcontract Protest,"
Government Contracts Bullet Points
(May 19, 2004).
Contact: Thomas P. Humphrey
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"COFC Reverses Another Cica Stay Override,"
Government Contracts Bullet Points
(May 10, 2004).
Contact: Thomas P. Humphrey
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"Agency Reasonably Distrusts Its Own Estimates,"
Government Contracts Bullet Points
(April 27, 2004).
Contact: Thomas P. Humphrey
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"GAO Protest Jurisdiction Covers Concession Contracts,"
Government Contracts Bullet Points
(March 22, 2004).
Contacts: Thomas P. Humphrey, Daniel R. Forman
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"When Does An Oral Presentation Become A "Discussion"?,"
Government Contracts Bullet Points
(March 4, 2004).
Contact: Thomas P. Humphrey
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