Bid Protest Litigation

GAO denied protest of award of large, multiple award IDIQ contract where agency had reasonably eliminated protester as technically unacceptable.

GAO dismissed the protest of the agency’s proposed corrective action where the protester merely anticipated improper action, and because GAO lacks jurisdiction to hear protests of DoD orders valued at less than $25 million.

GAO sustained the protest where the agency had engaged in discussions that were misleading and not meaningful.

GAO denied the protest where the agency had reasonably declined to consider proposal content that exceeded the solicitation’s page limit.

GAO denied the protest where the agency had reasonably determined that the protester’s proposal was technically acceptable, that this determination did not pertain to a matter of responsibility that should have been referred to SBA for a Certificate of Competency.

CACI, Inc.-Federal, B-416549, Sept. 13, 2018, 2018 WL 448317. Successfully defended the award of a task order for system operations and maintenance for the Department of Housing and Urban Development to intervenor Digital Management, LLC. GAO denied the protest.

Successfully defended multi-billion dollar contract award to a large aerospace company in successive bid protests at both the U.S. GAO and the U.S. Court of Federal Claims.

URS Fed. Servs., Inc., B-412580; B-412580.2, Mar. 31, 2016, 2016 CPD ¶ 116. Successfully defended the Army’s award of a task order to perform services at the Red River Army Depot to intervenor VSE Corporation. GAO dismissed the protest in part and denied it in part.

Wyle Labs, Inc., B-412964; B-412964.3, May 27, 2016, 2016 CPD ¶ 144. Successfully defended the award of a task order for engineering knowledge based services for the F-35 Joint Program Office to intervenor Booz Allen Hamilton. GAO denied the protest in part and dismissed it in part.

ABSG Consulting, Inc., B-407956; B-4007956.2, Apr. 18, 2013, 2013 CPD ¶ 111. Successfully defended the award of a contract for systems engineering and technical assistance services at the Coast Guard Research and Development Center in New London, Connecticut to intervenor Booz Allen Hamilton. GAO denied the protest.

HP Enter. Servs., LLC, B-410212.2, Jan. 26, 2015, 2015 CPD ¶ 54. Successfully defended the award of a task order to support the Defense Information Systems Agency in countering cybersecurity threats to intervenor Booz Allen Hamilton. GAO denied the protest.

CH2M Hill Antarctic Support, Inc., B-40635, et al., Apr. 18, 2012, 2012 CPD ¶ 142. Successfully defended the award of a contract valued at over $1.8 billion for support of the U.S. Antarctic Program to intervenor Lockheed Martin Information Systems & Global Solutions. GAO denied the protest.

Defense Prod. Solutions, B-405941, Jan. 10, 2012, 2012 CPD ¶ 22. Successfully defended the award of a contract for all terrain vehicles, trailers, and spare parts to Polaris Sales, Inc. GAO denied the protest.

Wyle Labs, Inc., B-413989, Dec. 5, 2016, 2016 CPD ¶ 345. Successfully defended the award of a Navy task order for comprehensive life cycle and sustainment support services to intervenor Booz Allen Hamilton. GAO dismissed the protest.

Filed several protests on behalf of disappointed contractors that led to corrective action by the respective agencies and award to the respective clients on reevaluation.

GAO denied the protest of an almost $100 million contract award where the protester was not prejudiced by the agency waiving a SAM.gov registration requirement, and where the agency had otherwise acted  reasonably and in accordance with the terms of the solicitation.

GAO sustained the protest of a ~$30 million task order award where the awardee had included a material misrepresentation in its proposal.

In 2018, successfully obtained corrective action for a protester before the GAO challenging the award of a task order to provide program support for a civilian agency early in the protest proceedings.

Represented a large non-regulated affiliate of a major utility to identify key risk areas and to mitigate performance issues in anticipation of potential high media and congressional visibility relating to the U.S. Army Energy Initiatives Task Force's $7 billion multiple award task order procurement for locally generated renewable and alternative energy using Power Purchase Agreements or their equivalents.

Successfully represented an architectural firm in a protest at the U.S. Court of Federal Claims involving a high-profile contract to design a Federal building. GSA had awarded the contract to our client, but subsequently reversed course and decided to recompete the design under questionable circumstances. GSA agreed to cancel the recompetition and engage in negotiations with our client as the awardee, which was a complete victory.

Northrop Grumman Info. Tech.; Broadwing Commc’ns LLC; Level 3 Commc’ns, Inc.; Qwest Gov’t Servs., Inc.; MCI WORLDCOM Commc’ns, Inc., B-295526, et al., Mar. 16, 2005, 2005 CPD ¶ 45. Successfully represented protester Broadwing Communications LLC in a protest challenging the award of a contract by the Department of Treasury to AT&T for the Treasury Communications Enterprise Network. GAO sustained the protest.

CACI, Inc.-Federal; Booz Allen Hamilton, Inc., B-413028, et al., Aug. 3, 2016, 2016 CPD ¶ 238. Successfully represented protester Booz Allen Hamilton in a pre-award protest challenging terms of a solicitation for the provision of technical solutions for DOD in support of migration to an integrated and interoperable DOD information network. GAO sustained the protest where the price/cost evaluation failed to provide the agency with a meaningful basis on which to evaluate cost to the Government.

Bombardier Transportation (Holdings) USA, Inc. v. MWAA, Civ. Action 03-343-A (E.D. Va. Aug. 6, 2003). Successfully represented the MWAA in a protest of the award of the $180 million design-build construction project for the Automated People Mover System at Dulles International Airport.

Appeal of The Boeing Company on behalf of Lockheed Martin Corporation, ASBCA No. 54853 06-1 BCA 33,270 (April 12, 2006). Led a team representing the world's largest defense contractor in a $230 million sponsored claim before the Armed Services Board of Contract Appeals involving ten contracts and subcontracts to manufacture state of the art rocket motors during the Cold War. The case raised complex issues of first impression concerning government contract indemnification clauses authorized under Public Law 85-804, insurance, and recovery of environmental remediation costs and toxic tort litigation expenses coordinated with CERCLA litigation, remediation activity, and DCAA audits. The case established that the ASBCA has Contract Disputes Act jurisdiction over claims based on 85-804 indemnification clauses.

Protest of Apptis, Inc., 10-ODRA-00535, Mar. 25, 2011. Successfully defended the award of an $800 million systems engineering contract to intervenor Booz Allen Hamilton in a protest containing a large number of counts. In a 105-page opinion, the FAA’s Office of Dispute Resolution denied every count.

Serco, Inc. v. United States, 101 Fed.Cl. 717 (2011). Successfully obtained a TRO at the U.S. Court of Federal Claims for Serco, Inc., as part of Serco’s protest of the Army’s award of a contract to provide certain services at an Army depot.

Successfully obtained corrective action for a protester at the GAO challenging the award of a logistics support task order to another company early in the protest proceedings.

Washington-Dulles Transportation, Ltd., v. Metropolitan Washington Airports Authority, Civ. Action 02-1656, 87 Fed. Appx. 843 (4th Cir. Jan. 30, 2004), cert. denied, 543 U.S. 813 (Oct. 4, 2004).  Successfully represented the Metropolitan Washington Airports Authority (MWAA), the interstate compact that runs Reagan National and Dulles International Airports, in a protest of the award of the taxicab concession contract at Dulles Airport establishing in a case of first impression the review and oversight roles of the federal and state courts over MWAA.