Bid Protests
Bid protests are litigated at lightning speed. Our team’s breadth, experience, and precision approach uniquely positions us to help you succeed.
Seyfarth’s bid protest team is led by elite protest attorneys, including multiple current/former co-chairs of the American Bar Association Bid Protest Committee with protest sustain records among the highest in the nation over the past decade, and a former GAO protest adjudicator. Together they lead one of the deepest coast-to-coast bid protest teams, with extensive experience prosecuting bid protests and defending contract awards at the Government Accountability Office (GAO), US Court of Federal Claims, FAA Office of Dispute Resolution for Acquisition (ODRA), and before various federal and state/local agencies and courts.
We understand that success in protests depends on rapidly and efficiently understanding the nuances of the procurement and our client’s service or product, so we can translate, broaden, and frame our client’s position into a successful bid protest or protest defense. Our team draws on its breadth of protest experience across many industries to identify the strongest arguments for each complex case. The team’s record of success reflects our detail-focused and tactical approach to bid protests.
Each year our team represents government contractors in bid protests worth billions of dollars combined, including some of the most complex and prominent protests in the nation. We have successfully handled protests in almost every industry, including defense/aerospace, information technology, facility operations and maintenance, high-tech (including cyber, AI, and advanced computing), construction, telecom, manufacturing, maritime, custodial, engineering, health care, and medical facility operations.
- Successfully represented a large defense contractor in a series bid protests filed challenging the US Army’s $1 billion contract award to our client for operation and maintenance services in support of the US Army’s communications systems and infrastructure in the Middle East (OMDAC). After multiple decisions issued at two different forums, the end result was the protest was dismissed, and the contract award to our client confirmed. In one of the decisions issued in this case, the US Court of Federal Claims wrote: “The Court would be remiss if it did not recognize [Seyfarth]'s exemplary presentation in its MJAR…. [Seyfarth]'s briefings explain in clear, simple terms the nuances of the OSP staffing requirements and presented a clear breakdown of [the protester]'s staffing matrix, revealing its deficiencies. …. In that regard, the Court's discussion here generally tracks that presented in [Seyfarth]'s briefs and adapts two of its tables.” Law360 named the OMDAC bid protests as amongst the “most important and high-profile government contract-related rulings in the first half of 2022.” 160 Fed. Cl. 57 (2022); 159 Fed. Cl. 265 (2022); B-419647, B-419647.3, 2021 CPD ¶ 222, 2021 WL 2766441 (Comp. Gen. 2021)
- Successfully represented the contract awardee defending against a bid protest at the US Court of Federal Claims, challenging the US Navy’s award of a $133 million contract to our client for Base Operations Services at US Naval Station Rota Spain. The court agreed with all of the arguments we made on behalf of our client, including rejecting the protester’s arguments that the award decision violated international agreements by awarding to our client, and issued judgment in our client’s favor, rejecting the protest entirely. 160 Fed. Cl. 97 (2022)
- Successfully represented joint venture contractor in a bid protest, at the US Court of Federal Claims, challenging the US Navy’s award of an approximately $88.5 million contract for maintenance and operations contracts for the Navy and Marine Corps base and hospital in Twentynine Palms, California. The court entered a permanent injunction precluding the Navy from continuing performance of the awarded contract. 161 Fed. Cl. 556 (2022)
- Successfully represented joint venture awardee in a series of bid protest, at both GAO and the US Court of Federal Claims, challenging the US Navy’s award of a $154 million contract to perform base operations support services at the US Naval Academy. The end result of these protests was confirmation of the contract award to our client. 153 Fed.Cl. 564 (2021); 152 Fed. Cl. 384 (2021); B-418566.2, et al., 2021 CPD ¶ 90, 2020 WL 9211195 (Comp. Gen. Aug. 20, 2020)
- Successfully defended a management consulting firm defending a protest challenging an award by the Defense Information Services Agency for full acquisition support services for the Department of Defense’s Joint Service Provider. The defense team took an aggressive approach, successfully requesting dismissal of all protest allegations related to awardee’s technical and price proposals resulting in an incredibly limited record. As a result, the protester withdrew its protest prior to the comments phase. (Comp. Gen. 2021)*
- Successfully represented protester challenging the US Navy’s award of a nearly $200 million contract for Base Operations Support Services (BOSS) at US Naval Station Guantanamo Bay to our client’s competitor. As a result of our protests, the Navy elected to take corrective action by cancelling the award and reopening discussions. (Comp. Gen. 2021)
- Successfully represented a joint venture in defending against a GAO bid protest challenging the US Navy’s award of a contract to our client for transportation management and logistics support services at Anderson Air Force base in Guam. GAO dismissed or denied of all the protester’s arguments. B-419149.2, B-419149.3, 2021 WL 425225 (Comp. Gen. 2021)
- As counsel for awardee, successfully defended against a GAO bid protest challenging the award of a $50+ million task order for facility operations and maintenance services at Walter Reed National Military Medical Center. GAO granted awardee’s request for partial dismissal, and denied the remainder of the protester, and award was confirmed. B-418526 et al., 2020 WL 3250212 (Comp. Gen. 2020)
- Successfully defended a tactical airborne training company in a bid protest challenging the award of a contract for live contract close air support training under the US Air Force’s Combat Air Forces Contracted Air Support program. The team filed a request for dismissal putting the protester’s technical acceptability at issue, resulting in withdrawal of the protest prior to comments. (Comp. Gen. 2020)*
- Successfully challenged the Army’s use of the lowest priced technically acceptable (LPTA) source selection method for procurement of the healthcare housekeeping contract for the US Department of Defense's largest medical facility. The Army took corrective action and changed the procurement method to best value tradeoff. As a result of this change to the procurement method, our client was awarded the contract. (Comp. Gen. 2019)*
- Successfully challenged the US Department of Education’s award of a $25+ million contract for charter school support services. GAO sustained the protest based on argument that the government had failed to properly analyze a potential impaired objectivity, and recommended the government reimburse our client’s attorneys’ fees. B-416937, B-416937.2, 2019 CPD ¶ 20, 2019 WL 336926 (Comp. Gen. 2019)*
- Successfully challenged the award of a $375 million contract awarded by NASA for engineering, research, and scientific support services. GAO sustained the client’s protest, finding numerous errors in the past performance and cost realism evaluations, and recommended NASA reimburse the client’s attorneys’ fees. B-415944et al., 2018 CPD ¶ 166, 2018 WL 2355998 (Comp. Gen. 2018)*
- As counsel for awardee, successfully defended against a post-award GAO bid protest challenging the award of a $40+ million medical center operations & maintenance contract. The protest was denied and award to client confirmed. B-416488, 2018 CPD ¶ 311, 2018 WL 4328307 (Comp. Gen. 2018)*
- Successfully defended an award to a service-disabled veteran owned small business in connection with a Defense Information Systems Agency task order for technical operations support for the Joint Staff, Cyberspace Environment Division, Joint Information Operations Range (JIOR). B-415405 et al., 2018 CPD ¶ 19 (Comp. Gen. 2018)*
- Represented professional services contractor in successful protest at the GAO challenging a Department of Homeland Security award valued at over $100 million, based on the agency’s disparate treatment of offerors. B-416734, 2018 CPD ¶ 408 (Comp. Gen. 2018)*
- Successfully challenged the Army’s elimination of client’s proposal from the competitive range in a $230 million MATOC procurement in a bid protest at the US Court of Federal Claims. The Army took corrective action, amended the solicitation and ultimately awarded a contract to our client. (Fed. Cl. 2017)*
- Successfully protested US Navy Military Sealift Command’s award of a $30+ million O/M contract for the SBX-1—the floating, self-propelled, mobile radar system used by the US Missile Defense Agency to detect and track incoming ICBMs fired at the United States. GAO sustained the protest and recommended the agency reimburse protester’s attorneys’ fees. B-414295, B-414295.2, 2017 CPD ¶ 158, 2017 WL 2417191 (Comp. Gen. 2017)*
- Successfully challenged Department of Veterans Affairs’ award of a contract to operate a Community-Based Outpatient Clinic, arguing that the agency failed to perform adequate price realism evaluation. GAO sustained the protest, and upon re-evaluation the agency awarded the contract to our client. GAO cited the decision in its 2016 Annual Report to Congress as an example of a successful price realism challenge. B-412960, B-412960.2, 2016 CPD ¶ 206 (Comp. Gen. 2016)*
- Successfully challenged the scope of corrective action undertaken by the FHWA in response to our client’s prior successful GAO protest. Court granted our client a permanent injunction precluding FHWA from amending the solicitation to remove qualifications/experience requirement. 129 Fed. Cl. 190 (2016)*
- Successfully challenged FHWA’s award of a laboratory support services contract on the basis that awardee’s proposed key personnel fail to meet the RFP’s minimum qualification requirements. GAO sustained the protest and recommended FHWA reimburse protester’s attorneys’ fees. B-412721.2et al., 2016 CPD ¶ 234, 2016 WL 4582238 (Comp. Gen. 2016)*
- Successfully protested the Army’s award of an approx. $90 million small business set-aside contract for logistical support services in Hawaii. The US Court of Federal Claims found there were ample grounds to sustain the bid protest, triggering the Army to take corrective action. 127 Fed. Cl. 85 (2016)*
- Successfully protested the Navy’s award of a nearly $70 million contract for janitorial and custodial services at Walter Reed Medical Center to the incumbent contractor. That protest resulted in the Navy taking corrective action, revaluating proposals and awarding the contract to client. Then, as lead counsel, successfully defended that award against a bid protest by the incumbent contractor at the US Court of Federal Claims. 121 Fed. Cl. 169 (2015)*
- Successfully represented client in defense of a bid protest challenging the award of a $51 million construction of an educational facility at Ft. Campbell, resulting confirmation of award to client. B-411073, 2015 CPD ¶ 147 (Comp. Gen. 2015)
- Successfully protested the GSA’s award of a contract for a multi-site custodial and maintenance services contract in Texas, which was set-aside for service-disabled, veteran-owned small businesses. GAO sustained the bid protest and recommended GSA reimburse protester’s attorneys’ fees. B-410156, et al., 2014 CPD ¶ 330, 2014 WL 6657714 (Comp. Gen. 2014)*
- Successfully challenged the Navy’s elimination of client from the competitive range in a procurement for base operations services valued at nearly $350 million. GAO sustained the bid protest based on the agency’s failure to conduct meaningful discussions and failure to adequately consider information in final proposal revisions, and recommended the Navy reimburse protester’s attorneys’ fees. B-406583.2, B-406583.3, 2013 CPD ¶ 276, 2013 WL 6247506 (Comp. Gen. 2013)*
* Indicates a matter performed by a Seyfarth attorney as lead or co-lead counsel while at a prior law firm.
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Adam Lasky to Speak at the American Bar Association Bid Protest Committee Back to School Panel
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Bid protests are litigated at lightning speed. Our team’s breadth, experience, and precision approach uniquely positions us to help you succeed.
Seyfarth’s bid protest team is led by elite protest attorneys, including multiple current/former co-chairs of the American Bar Association Bid Protest Committee with protest sustain records among the highest in the nation over the past decade, and a former GAO protest adjudicator. Together they lead one of the deepest coast-to-coast bid protest teams, with extensive experience prosecuting bid protests and defending contract awards at the Government Accountability Office (GAO), US Court of Federal Claims, FAA Office of Dispute Resolution for Acquisition (ODRA), and before various federal and state/local agencies and courts.
We understand that success in protests depends on rapidly and efficiently understanding the nuances of the procurement and our client’s service or product, so we can translate, broaden, and frame our client’s position into a successful bid protest or protest defense. Our team draws on its breadth of protest experience across many industries to identify the strongest arguments for each complex case. The team’s record of success reflects our detail-focused and tactical approach to bid protests.
Each year our team represents government contractors in bid protests worth billions of dollars combined, including some of the most complex and prominent protests in the nation. We have successfully handled protests in almost every industry, including defense/aerospace, information technology, facility operations and maintenance, high-tech (including cyber, AI, and advanced computing), construction, telecom, manufacturing, maritime, custodial, engineering, health care, and medical facility operations.
Related Practices
Additional Resources
- Successfully represented a large defense contractor in a series bid protests filed challenging the US Army’s $1 billion contract award to our client for operation and maintenance services in support of the US Army’s communications systems and infrastructure in the Middle East (OMDAC). After multiple decisions issued at two different forums, the end result was the protest was dismissed, and the contract award to our client confirmed. In one of the decisions issued in this case, the US Court of Federal Claims wrote: “The Court would be remiss if it did not recognize [Seyfarth]'s exemplary presentation in its MJAR…. [Seyfarth]'s briefings explain in clear, simple terms the nuances of the OSP staffing requirements and presented a clear breakdown of [the protester]'s staffing matrix, revealing its deficiencies. …. In that regard, the Court's discussion here generally tracks that presented in [Seyfarth]'s briefs and adapts two of its tables.” Law360 named the OMDAC bid protests as amongst the “most important and high-profile government contract-related rulings in the first half of 2022.” 160 Fed. Cl. 57 (2022); 159 Fed. Cl. 265 (2022); B-419647, B-419647.3, 2021 CPD ¶ 222, 2021 WL 2766441 (Comp. Gen. 2021)
- Successfully represented the contract awardee defending against a bid protest at the US Court of Federal Claims, challenging the US Navy’s award of a $133 million contract to our client for Base Operations Services at US Naval Station Rota Spain. The court agreed with all of the arguments we made on behalf of our client, including rejecting the protester’s arguments that the award decision violated international agreements by awarding to our client, and issued judgment in our client’s favor, rejecting the protest entirely. 160 Fed. Cl. 97 (2022)
- Successfully represented joint venture contractor in a bid protest, at the US Court of Federal Claims, challenging the US Navy’s award of an approximately $88.5 million contract for maintenance and operations contracts for the Navy and Marine Corps base and hospital in Twentynine Palms, California. The court entered a permanent injunction precluding the Navy from continuing performance of the awarded contract. 161 Fed. Cl. 556 (2022)
- Successfully represented joint venture awardee in a series of bid protest, at both GAO and the US Court of Federal Claims, challenging the US Navy’s award of a $154 million contract to perform base operations support services at the US Naval Academy. The end result of these protests was confirmation of the contract award to our client. 153 Fed.Cl. 564 (2021); 152 Fed. Cl. 384 (2021); B-418566.2, et al., 2021 CPD ¶ 90, 2020 WL 9211195 (Comp. Gen. Aug. 20, 2020)
- Successfully defended a management consulting firm defending a protest challenging an award by the Defense Information Services Agency for full acquisition support services for the Department of Defense’s Joint Service Provider. The defense team took an aggressive approach, successfully requesting dismissal of all protest allegations related to awardee’s technical and price proposals resulting in an incredibly limited record. As a result, the protester withdrew its protest prior to the comments phase. (Comp. Gen. 2021)*
- Successfully represented protester challenging the US Navy’s award of a nearly $200 million contract for Base Operations Support Services (BOSS) at US Naval Station Guantanamo Bay to our client’s competitor. As a result of our protests, the Navy elected to take corrective action by cancelling the award and reopening discussions. (Comp. Gen. 2021)
- Successfully represented a joint venture in defending against a GAO bid protest challenging the US Navy’s award of a contract to our client for transportation management and logistics support services at Anderson Air Force base in Guam. GAO dismissed or denied of all the protester’s arguments. B-419149.2, B-419149.3, 2021 WL 425225 (Comp. Gen. 2021)
- As counsel for awardee, successfully defended against a GAO bid protest challenging the award of a $50+ million task order for facility operations and maintenance services at Walter Reed National Military Medical Center. GAO granted awardee’s request for partial dismissal, and denied the remainder of the protester, and award was confirmed. B-418526 et al., 2020 WL 3250212 (Comp. Gen. 2020)
- Successfully defended a tactical airborne training company in a bid protest challenging the award of a contract for live contract close air support training under the US Air Force’s Combat Air Forces Contracted Air Support program. The team filed a request for dismissal putting the protester’s technical acceptability at issue, resulting in withdrawal of the protest prior to comments. (Comp. Gen. 2020)*
- Successfully challenged the Army’s use of the lowest priced technically acceptable (LPTA) source selection method for procurement of the healthcare housekeeping contract for the US Department of Defense's largest medical facility. The Army took corrective action and changed the procurement method to best value tradeoff. As a result of this change to the procurement method, our client was awarded the contract. (Comp. Gen. 2019)*
- Successfully challenged the US Department of Education’s award of a $25+ million contract for charter school support services. GAO sustained the protest based on argument that the government had failed to properly analyze a potential impaired objectivity, and recommended the government reimburse our client’s attorneys’ fees. B-416937, B-416937.2, 2019 CPD ¶ 20, 2019 WL 336926 (Comp. Gen. 2019)*
- Successfully challenged the award of a $375 million contract awarded by NASA for engineering, research, and scientific support services. GAO sustained the client’s protest, finding numerous errors in the past performance and cost realism evaluations, and recommended NASA reimburse the client’s attorneys’ fees. B-415944et al., 2018 CPD ¶ 166, 2018 WL 2355998 (Comp. Gen. 2018)*
- As counsel for awardee, successfully defended against a post-award GAO bid protest challenging the award of a $40+ million medical center operations & maintenance contract. The protest was denied and award to client confirmed. B-416488, 2018 CPD ¶ 311, 2018 WL 4328307 (Comp. Gen. 2018)*
- Successfully defended an award to a service-disabled veteran owned small business in connection with a Defense Information Systems Agency task order for technical operations support for the Joint Staff, Cyberspace Environment Division, Joint Information Operations Range (JIOR). B-415405 et al., 2018 CPD ¶ 19 (Comp. Gen. 2018)*
- Represented professional services contractor in successful protest at the GAO challenging a Department of Homeland Security award valued at over $100 million, based on the agency’s disparate treatment of offerors. B-416734, 2018 CPD ¶ 408 (Comp. Gen. 2018)*
- Successfully challenged the Army’s elimination of client’s proposal from the competitive range in a $230 million MATOC procurement in a bid protest at the US Court of Federal Claims. The Army took corrective action, amended the solicitation and ultimately awarded a contract to our client. (Fed. Cl. 2017)*
- Successfully protested US Navy Military Sealift Command’s award of a $30+ million O/M contract for the SBX-1—the floating, self-propelled, mobile radar system used by the US Missile Defense Agency to detect and track incoming ICBMs fired at the United States. GAO sustained the protest and recommended the agency reimburse protester’s attorneys’ fees. B-414295, B-414295.2, 2017 CPD ¶ 158, 2017 WL 2417191 (Comp. Gen. 2017)*
- Successfully challenged Department of Veterans Affairs’ award of a contract to operate a Community-Based Outpatient Clinic, arguing that the agency failed to perform adequate price realism evaluation. GAO sustained the protest, and upon re-evaluation the agency awarded the contract to our client. GAO cited the decision in its 2016 Annual Report to Congress as an example of a successful price realism challenge. B-412960, B-412960.2, 2016 CPD ¶ 206 (Comp. Gen. 2016)*
- Successfully challenged the scope of corrective action undertaken by the FHWA in response to our client’s prior successful GAO protest. Court granted our client a permanent injunction precluding FHWA from amending the solicitation to remove qualifications/experience requirement. 129 Fed. Cl. 190 (2016)*
- Successfully challenged FHWA’s award of a laboratory support services contract on the basis that awardee’s proposed key personnel fail to meet the RFP’s minimum qualification requirements. GAO sustained the protest and recommended FHWA reimburse protester’s attorneys’ fees. B-412721.2et al., 2016 CPD ¶ 234, 2016 WL 4582238 (Comp. Gen. 2016)*
- Successfully protested the Army’s award of an approx. $90 million small business set-aside contract for logistical support services in Hawaii. The US Court of Federal Claims found there were ample grounds to sustain the bid protest, triggering the Army to take corrective action. 127 Fed. Cl. 85 (2016)*
- Successfully protested the Navy’s award of a nearly $70 million contract for janitorial and custodial services at Walter Reed Medical Center to the incumbent contractor. That protest resulted in the Navy taking corrective action, revaluating proposals and awarding the contract to client. Then, as lead counsel, successfully defended that award against a bid protest by the incumbent contractor at the US Court of Federal Claims. 121 Fed. Cl. 169 (2015)*
- Successfully represented client in defense of a bid protest challenging the award of a $51 million construction of an educational facility at Ft. Campbell, resulting confirmation of award to client. B-411073, 2015 CPD ¶ 147 (Comp. Gen. 2015)
- Successfully protested the GSA’s award of a contract for a multi-site custodial and maintenance services contract in Texas, which was set-aside for service-disabled, veteran-owned small businesses. GAO sustained the bid protest and recommended GSA reimburse protester’s attorneys’ fees. B-410156, et al., 2014 CPD ¶ 330, 2014 WL 6657714 (Comp. Gen. 2014)*
- Successfully challenged the Navy’s elimination of client from the competitive range in a procurement for base operations services valued at nearly $350 million. GAO sustained the bid protest based on the agency’s failure to conduct meaningful discussions and failure to adequately consider information in final proposal revisions, and recommended the Navy reimburse protester’s attorneys’ fees. B-406583.2, B-406583.3, 2013 CPD ¶ 276, 2013 WL 6247506 (Comp. Gen. 2013)*
* Indicates a matter performed by a Seyfarth attorney as lead or co-lead counsel while at a prior law firm.
Related News & Insights
-
Speaking Engagement
05/30/2024
Erica Bakies to Moderate Panel at American Bar Association’s 2024 Public Contract Law Committee Showcase Event
-
Speaking Engagement
09/26/2023
Adam Lasky to Speak at the American Bar Association Bid Protest Committee Back to School Panel
-
Speaking Engagement
05/16/2023
Amy Hoang to Present at ABA Public Contract Law Committee Showcase
-
Speaking Engagement
01/09/2023
Adam Lasky to Present on Bid Protests at PubK’s GovCon Annual Review 2023