ARTICLE · 14 OCTOBER 2024

Bid Protest Lessons Learned From Oak Grove Technologies

Wiley Rein

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With another government fiscal year in the books, contractors may be anticipating the next season of bid protests.

United StatesGovernment, Public Sector

With another government fiscal year in the books, contractors may be anticipating the next season of bid protests. The Federal Circuit's recent decision in Oak Grove Technologies v. United States offers a timely set of pointers for successful protests and, more broadly, managing protest expectations within the organization.

Tip #1: Remember that review of agency decision making is deferential.

Capture teams sometimes exit debriefings citing multiple judgments they believe evaluators got wrong. And the disappointment in losing the award can be amplified by any perception that the competition had been tilted unfairly towards a competitor by organizational conflicts of interest (OCIs).

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