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ARTICLE · 08 JUNE 2018

May 2018 Bid Protest Roundup

Morrison Foerster
Morrison Foerster
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Morrison Foerster

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This month's roundup features three noteworthy decisions from the Government Accountability Office ("GAO") concerning timeliness, sole source awards, and organizational conflicts of interest ("OCIs").

United StatesGovernment, Public Sector
Sandeep Nandivada
Sandeep Nandivada
Locke Bell
Locke Bell
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This month's roundup features three noteworthy decisions from the Government Accountability Office ("GAO") concerning timeliness, sole source awards, and organizational conflicts of interest ("OCIs"). The first offers some novel thoughts on when a pre-award protest is appropriately brought to GAO, and the others serve as important reminders to contractors about what matters are worth protesting and what matters are not.

Sikorsky Aircraft Corp., B-416027, B-416027.2, May 22, 2018

We recently posted on this blog an in-depth analysis of the data rights ramifications of GAO's decision in Sikorsky, but there is another aspect of the decision worth noting: its discussion on pre-award protest timeliness. Indeed, the unique posture of Sikorsky's data rights challenges presented GAO a full timeliness spectrum – arguments that were too late (untimely), arguments that were too early (premature), arguments that were just right (as far as timeliness, anyways), and even an

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