January 2021 Bid Protest Roundup

Morrison Foerster – This month’s Law360 bid protest spotlight examines three recent protest decisions, each offering a cautionary tale to offerors in the stages prior to contract award.  The first, HWI Gear, emphasizes the requirement for small businesses undergoing an acquisition to recertify their size status on their pending proposals.  In the next, Perspecta, the Court of Federal Claims warns offerors of the dangers in sitting on allegations that a competitor has an organizational conflict of interest (OCI) until after award, at which point a protest might be dismissed as untimely.  And lastly, the Government Accountability Office’s (GAO) decision in Innovative Management & Technology Approaches reminds offerors not to make assumptions in a proposal that might conflict with material solicitation requirements.