All Things Protest: The Federal Circuit Re-Writes the Rules on Standing, Jurisdiction, and Mid-Protest OCI Considerations

Crowell & Moring’s “All Things Protest” podcast keeps you up to date on major trends in bid protest litigation, key developments in high-profile cases, and best practices in state and federal procurement. In this episode, host Rob Sneckenberg and guest Anuj Vohra discuss two recent court decisions discussing when agencies may issue organizational conflict of interest (“OCI”) decisions in response to bid protests, and how reviewing courts will consider them.  Rob and Anuj also discuss new law from the Federal Circuit concerning bid protest standing, prejudice, and jurisdiction, as well as evolving considerations for intervenors defending against bid protests.

 

Materials Discussed in This Episode:

• CACI, Inc.-Fed. v. U.S., No. 2022-1488, 2023 WL 3327090 (Fed. Cir. May 10, 2023)
• Piedmont Propulsion Sys., LLC v. U.S., No. 23-330C, 2023 WL 3441782 (Fed. Cl. May 12, 2023)
• See also FEATURE COMMENT: COFC Pushes Back on GAO Waiver and Cost-Realism Analyses (discussing GAO and Court decisions in VS2 regarding challenges by intervenors)