June 2020 Bid Protest Roundup

Morrison Foerster – While the global pandemic may still have still have much of the country on hold, this month’s installment of our monthly Law360 bid protest roundupmakes clear that the Federal Courts are business as usual, with three decisions from the Court of Federal Claims and the Federal Circuit. The first decision reaffirms the limitations surrounding sole source awards and stands for the proposition that sole source awards cannot be used as a work-around to replace unsatisfactory incumbents. The second and third decisions deal with last of the protests stemming from the Department of Defense’ $17.5 billion 2018 Encore III awards.