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ARTICLE · 18 FEBRUARY 2019

January 2019 Bid Protest Roundup

Morrison Foerster
Morrison Foerster
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Morrison Foerster

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Despite the shutdown that impacted much of the federal government for the month, the Government Accountability Office

United StatesGovernment, Public Sector
Rachael Plymale
Rachael Plymale
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Despite the shutdown that impacted much of the federal government for the month, the Government Accountability Office (GAO) was fully funded and issued several decisions of note in January, including its decision in Wyle regarding the impact of transactions on pending procurements, which we wrote about in another post here.  This month's roundup addresses three other noteworthy GAO decisions from this month. Regarding Miltope, we discuss a possible expansion of GAO's "diligent pursuit" doctrine. Regarding PTC, we discuss the difficulties of challenging an agency's sole-source justification, even where the justification is based on a non-applicable exception to competition requirements.  Finally, in MIRACORP, GAO and the Small Business Administration (SBA) provide helpful clarity on 8(a) program graduates' eligibility to compete on task order contracts after graduation.

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