Category Archives: Bid Protests & Public Contract Award-Related Representations

Are More Constitutional Challenges to State DBE Contracting Programs On the Way?

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An Illinois construction company is petitioning the U.S. Supreme Court to decide whether it has standing to challenge as unconstitutional a state’s implementation of a disadvantaged business enterprise (DBE) participation goal in connection with a road project. If sustained, the company’s challenge would have far-reaching implications, including opening the door for other disappointed bidders to prosecute constitutional challenges to states’ implementation of mandatory disadvantaged business contracting programs. In 2009, the Illinois Department of Transportation (IDOT) sought bids for [...]Read more

Federal Agencies Cannot Immunize Themselves with Short Termination Windows in Contracts

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In Springfield Parcel C, LLC v. United States, 124 Fed. Cl. 163 (Ct. Fed. Cl. 2015), the U.S. Court of Federal Claims considered the post-award protest of a contract by an unsuccessful offeror. The unsuccessful offeror was protesting the award of a real estate contract to lease new headquarters for the Transportation Security Administration (TSA) offered by the U.S. General Services Administration (GSA). The protestor, Springfield Parcel C, LLC, sought an injunction of the award to Eisenhower Real Estate Holdings, LLC, on the basis that the GSA’s award was unlawful. Springfield, Eisenhower, and [...]Read more