Bid Protests
Overview
Respected by clients, procurement officials, and other legal practitioners, PilieroMazza maintains an active bid protest practice dedicated to assisting government contractors in all phases of the bid protest process. Our Government Contracts attorneys have decades of experience filing and defending bid protests for our clients in thousands of actions.
PilieroMazza regularly represents contractors before various federal agencies in agency-level bid protests, as well as bid protests before the U.S. Government Accountability Office (GAO), the U.S. Court of Federal Claims (COFC), and the Federal Aviation Administration’s Office of Dispute Resolution for Acquisition (ODRA). Our bid protest team also handles protest appeals to the U.S. Court of Appeals for the Federal Circuit.
The Firm’s attorneys efficiently guide clients through the full lifecycle of protests, beginning with the critical decision of whether to file a protest. We work with our clients to determine the viability of protest grounds, the most appropriate forum, protest deadlines, and whether the decision to protest aligns with their business and strategic goals. Our experience and creativity in bringing cases involving a wide variety of pre- and post-award protest grounds allows us to craft powerful filings.
While many of our cases are resolved on corrective action, our bid protest team doggedly pursues and reviews document productions from procuring agencies and fashions commanding arguments based on the record to support the protest to a final decision. Among the many sustain decisions we obtained are:
- Successfully protested award of $13 million Department of Health and Human Services blanket purchase agreement at the GAO, resulting in an agency reevaluation and subsequent award to client. See Protection Strategies, Inc., B-414648.2; B-414648.3.
- Successfully protested the award of a nearly $150 million contract for software and software support services at the FAA, forcing the agency to reopen competition. See Protest of Spatial Front, Inc., DTFACT-17-R-00003.
- Successfully protested size of awardee of $75 million Air Force construction contract at the SBA’s Office of Hearing and Appeals and subsequent appeal at the U.S. Court of Federal Claims, reopening competition and leading to a contract award for our client. See COFC No. 17-1923C, Megen-Awa 2, LLC v. United States and Veterans Construction Coalition, LLC; Size Appeal of Veterans Constr. Coal., LLC, SBA No. SIZ-5824 (2017).
Our bid protest team is equally adept at defending protests. When our client is the contract awardee, we intervene in the protest to assist the agency in defending the protest, while protecting our client’s most sensitive information. On behalf of awardees, we help numerous procuring agencies successfully defend protests, including:
- Successfully defended award of $25 million task order for technical services for the Department of Education’s National Charter School Resource Center at the GAO. See Safal Partners, Inc., B-416937.3.
- Successfully defended a $500 million shipbuilding contract awarded by the Naval Sea Systems Command at the U.S. Court of Federal Claims. See COFC No. 18-1146C, Thoma-Sea Marine Constructors, LLC v. United States and Gulf Island Shipyards, LLC.
- Successfully defended award at the GAO of a roughly $200 million Army contract for base operations and maintenance support services at Fort Stewart and Hunter Army Airfield in Georgia. See Hughes Coleman, JV, B-417787.5.
For more information, please contact a member of PilieroMazza’s Government Contracts team.
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