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ARTICLE · 13 NOVEMBER 2017

Three October Bid Protest Decisions That May Affect Your Business

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First, an awardee is responsible for keeping tabs on what happens in a protest of its award, or it may not be able to submit its own challenge if the protest is sustained.

United StatesGovernment, Public Sector
Scott M. Heimberg
Scott M. Heimberg
Thomas P. McLish
Thomas P. McLish
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Key Points

  • First, an awardee is responsible for keeping tabs on what happens in a protest of its award, or it may not be able to submit its own challenge if the protest is sustained.
  • Second, mere compliance with cybersecurity requirements may not be enough. The government may evaluate the quality of your cybersecurity approach.
  • Third, do offerors without relevant past performance have standing to protest?

Decision 1: Sonoran Tech. and Professional Services, LLC v. United States

In Sonoran Tech. and Professional Services, LLC v. United States, the United States Court of Federal Claims (COFC) considered the knowledge that an awardee would have gained from intervening in a protest in deciding whether the awardee's subsequent protest was timely.

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