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Bid Protests & Public Contract Award-Related Representations

Alston & Bird 2018 GovCon Briefing and CLE: Washington, D.C.

November 16, 2018 By Alston Government Contracts Team

On October 24, the Government Contracts team at Alston & Bird hosted its inaugural briefing in Washington, D.C. discussing the latest developments and industry updates in the government contracts space.  Presenters included Jeff Belkin, Jeniffer Roberts, Jessica Sharron, Jeremy Silverman, Andy Howard, Mike Mortorano and Katherine Veeder. The topics addressed were a variety of industry developments and key areas that are particularly salient in the current GovCon market.  Jeremy Silverman and Jeniffer Roberts provided a valuable bridge between the GovCon world and the M&A market by [...]Read more

Filed Under: Bid Protests & Public Contract Award-Related Representations, Government Contract-Related Investigations and the False Claims Act, Public Contract Litigation Tagged With: Bid Protest, False Claims Act (FCA), Qui Tam

UnitedHealthcare Wins Medicaid Bid Protest Case

May 14, 2018 By Alston Government Contracts Team

On April 10, 2018, the Pennsylvania Commonwealth Court ruled in favor of our client, UnitedHealthcare, in their case against the state Department of Human Services (DHS) for violating the state’s procurement code during a 2015 bid process for the $12 billion in Medicaid physical health services contracts. UnitedHealthcare, a Medicaid provider in the state at the time but not reselected for any areas, protested the bid selections after the discovery of a secret December 2016 meeting of state officials and two top executives of another bidder who ultimately won a contract. The DHS denied UnitedHealthcare’s [...]Read more

Filed Under: Bid Protests & Public Contract Award-Related Representations, Public Health Care Contracts, State, Regional and Local Government Contracts Tagged With: Bid Protest

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

February 24, 2016 By Andrew Howard

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

Filed Under: Bid Protests & Public Contract Award-Related Representations, Public Construction, Public Contract Litigation Tagged With: Construction Contracts, Disadvantaged Business Enterprise (DBE), Dunnet Bay Construction Company, Equal Protection, Illinois Department of Transportation (IDOT), Injunctive Relief, Seventh Circuit Court of Appeals, U.S. Supreme Court

Federal Agencies Cannot Immunize Themselves with Short Termination Windows in Contracts

January 15, 2016 By Jeffrey Belkin

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

Filed Under: Bid Protests & Public Contract Award-Related Representations Tagged With: Administrative Protest, Bid Protest, Federal Acquisition Regulations (FAR), Impresa Construzioni Geom. Domenico Garufi v. United States, Post-Award, Springfield Parcel C LLC v. United States, Transportation Security Administration (TSA), U.S. Court of Federal Claims, U.S. General Services Administration (GSA), U.S. Government Accountability Office (GAO)

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This blog is a service of Alston & Bird’s Government Contracts team and provides insights on cases, rules, trends, and latest developments in local, state, and federal government contracting. Our attorney observations include analysis of investigations, litigation, protests and issues affecting present or prospective prime contractors, subcontractors, and grant recipients across various industries.

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