In today’s procurement environment, bid protests play a necessary and integral role. Jackson Kelly has extensive experience in helping clients use bid protests as an affirmative tool to open procurement opportunities and ensure a level playing field, as well as to correct improper or otherwise wrongful procurement practices, including wrongful evaluations and other illegal actions. Jackson Kelly attorneys also advise and represent clients in intervening and defending contract awards and other procurement actions challenged by competing or disappointed offerors.
Jackson Kelly’s bid protest litigation experience encompasses a full range of procedural and substantive issues arising in protests and covers a wide variety of procurements and virtually every federal bid protest forum, as well as state and local government bid protests.
Jackson Kelly attorneys have litigated well in excess of 150 bid protests, including more than 25 court bid protests (five at the U.S. Court of Federal Claims (COFC) in the past year alone; scores of bid protests at the Government Accountability Office (GAO); and countless agency protests before a wide range of agencies and legislative branch purchasing entities, the United States Postal Service (USPS) and the Federal Aviation Administration (FAA)’s Office of Dispute Resolution for Acquisition). Attorneys in the Government Contracts and Investigations Practice Group have also served as counsel in dozens of IT and telecommunications protests under the Brooks Act before the General Services Board of Contract Appeals (GSBCA), prior to the Federal Acquisition Disputes Reform Act of 1996.
In addition to the experience below, attorneys have handled protests involving a wide range of procurements, including supercomputer acquisitions by NASA and the FAA; DoD facilities management contracts; Department of Labor Job Corps Center operation contracts; and contracts for the staffing and operation of significant DoD research facilities. Attorneys in the group also have advised clients and agencies and litigated issues involving the override of the automatic stay under the Competition in Contracting Act.
Defended a massive, multi-prong bid protest, Administrative Procedure Act suit, filed in the Northern District of California by the City of San Francisco as a disappointed bidder, seeking, among other things, declaratory, injunctive and other relief, including $500M damages, against the Navy and the awardee client and various principals thereof, challenging the Navy’s long-term lease of the former Hunter’s Point Naval Shipyard.
Opposed TRO/preliminary injunction court action in the U.S. District Court for the District of Columbia by the former incumbent challenging the U.S. Air Force’s award of a contract for range visual information technology services in connection with satellite launches at Kennedy Space Center.
Defended a GAO protest, including an evidentiary hearing, challenging the U.S. Navy’s Military Sealift Command awards of multi-year ship operating contracts.
Represented a major financial institution in defending a protest at the GAO in regard to the GSA’s award of a multibillion-dollar contract to provide the federal government with a travel and transportation payment and expense control system utilizing charge instruments.
Represented a major transportation and logistics company in defending a bid protest at the COFC challenging the award of seven DoD contracts under DoD’s full service moving project.
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