Bid Protests

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Bid Protests

Government Contracts

Bid protests, especially on high-value or otherwise significant contracts, have become a fact of life in the government market. The specialized nature of these proceedings and the accelerated schedules under which they are conducted require that bid protest counsel have a thorough understanding of both substantive and procedural law. WilmerHale brings both stellar litigation experience and a deep technical knowledge of federal procurement law to the bid protest arena. WilmerHale’s lawyers have successfully represented clients in some of the most significant bid protests litigated over the past few years. We prosecute and defend protests at the agency level, as well as at the Government Accountability Office (GAO), the US Court of Federal Claims, and the FAA’s Office of Dispute Resolution (ODRA).

Experience

  • Successfully protested at COFC an $82 billion logistics contract based on agency’s failure to conduct a meaningful price reasonableness analysis.
  • Successfully defended a GAO protest challenging a client’s $4 billion DOE award for environmental cleanup support services at a nuclear waste site.
  • Successfully protested an Army missile defense procurement at GAO based on agency’s failure to investigate organizational conflict of interest issue.
  • Successfully protested solicitation for sole source task order deliberately priced by agency below GAO’s dollar threshold for jurisdiction by arguing that agency’s failure to abide by FAR ordering clause also violated the IDIQ contract under which the order issued.
  • Protested a $450 million cybersecurity contract at GAO that led to corrective action granting the relief our client sought.
  • Prevailed in a protest we filed on a $150 million information technology contract awarded by the Defense Intelligence Agency.
  • Obtained corrective action from the Army following a protest of a $35 million information technology contract that we filed with the GAO. Following the re-compete, we filed another protest at the GAO and again obtained corrective action.
  • Successfully defended a protest filed against a $180 million contract awarded to our client by the Government Printing Office for e-passport covers.
  • Successfully defended the US Department of Labor's award to our client of a $50 million federal financial management services contract against parallel fast-track bid protest proceedings in the Government Accountability Office and the US Court of Federal Claims.
  • Secured corrective actions when the Department of Veterans Affairs and US Marine Corps acknowledged that they failed to conduct evaluations in accordance with solicitation criteria.
  • Represented an aviation company in the Court of Federal Claims regarding its protest of a Defense Energy Supply Center award for air fueling services.
  • Represented a computer products reseller at the Court of Federal Claims in defense of a significant contract award, shaping the arguments that prevailed with the court and led to the denial of the protest.
  • Intervened in a GAO protest on behalf of a large government contractor to help protect an important line of business.

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