Bid Protest/Open Records Request
Bid protests are an integral part of federal contracting and are now filed by many of the largest government contractors. Federal contractors filed more bid protests at the Government Accountability Office during fiscal year 2008 than they did any other year in more than a decade. Protests at the U.S. Court of Federal Claims also appear to be increasing.
The growing number of protests reflects several government and private sectors trends as many companies are seeing difficult times ahead, revising business strategies and weighing the costs of protest litigation. Government contract spending has continued to increase while the economy has declined. A successful protest can have long term consequences as government contracts often continue for five to 10 years.
In deciding whether to protest, a contractor must consider within days the relative strengths of its protest issues and which potential arguments should be pursued. Offerors must prepare to maximize the value of any debriefing that the agency may provide. Protests filed within strict deadlines may cause the procuring agency to suspend contract award or performance. The McKenna Long & Aldridge (MLA) team offers strategic advice to ensure that filing a bid protest is in the best interest of the client and has the greatest likelihood of success. Whether validating a client’s rights to compete for a contract, defending an award or initiating a protest, the MLA team has the experience, knowledge and judgment upon which clients rely.
MLA has one of the most active and distinguished Bid Protest practices in the nation. Recognized by Chambers USA as a “leading name in bid protests,” the MLA team of attorneys have been nationally recognized for their work both in pre-award and post-award bid protests. One team member is a past chair of the Bid Protest Committee of the ABA Public Contract Law Section and we have prosecuted and defended major bid protest cases involving telecommunications, information technology, healthcare, professional services and aerospace/defense procurements in the U.S. Court of Federal Claims and before the Government Accountability Office.
We have successfully handled numerous protests on behalf of clients challenging contract awards and those seeking to retain awarded contracts. Our practitioners are experienced in the critical areas affecting our clients' ability to compete for and win contract awards:
- Sole source contracts
- Task orders and IDIQ contracts
- Federal Supply Schedule contracts
- Competitive range determinations
- Meaningful discussions
- Organizational Conflicts of Interest
- Past performance evaluations
- Disparate treatment and consistent evaluations
- Best value determinations and cost-technical tradeoffs
We also represent our clients before the procurement agencies of states, cities and regional authorities throughout the country. We have litigated several major cases involving misappropriation of trade secrets in the employment context.