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The Bid Protest Debrief

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Same Approach, Different Score? GAO Sustains TISTA Protest for Unequal Evaluation

In TISTA Science and Technology Corporation, B-422891.2, et al. (Jan. 23, 2025​​), TISTA protested a National Institutes of Health (NIH) awarding of a task order for software development services to Tantus Technologies, alleging improper evaluation of both offerors’ technical proposals. The core issue was GAO’s finding that NIH treated TISTA…

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COFC Claims Its Turf: Court Affirms Jurisdiction Over OTA Protests

Raytheon Company v. United States, U.S. Court of Federal Claims, No. 24-1824C (Feb. 24, 2025)​ addresses a long-standing legal gray area: Can the Court of Federal Claims (COFC) hear bid protests involving Other Transaction Agreements (OTAs)? In Raytheon v. United States, the Court ruled definitively: Yes, it can. This landmark…

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Bid Protest Deadlines and Pitfalls: What You Need to Know

When filing a bid protest, timing is everything. Missing a deadline can be fatal to your case, even if your claims are otherwise strong. This post breaks down critical bid protest deadlines and common timing pitfalls to help contractors avoid costly mistakes. 1. GAO Deadlines: Strict and Unforgiving Pre-Award Protests:…

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Where to File a Bid Protest: Agency, GAO or Court of Federal Claims?

If you’re a government contractor considering a bid protest, the first question is: where should you file—the specific agency in question, the Government Accountability Office (GAO), or the U.S. Court of Federal Claims (COFC)?  Each offers different advantages and limitations. This post breaks down the key differences, so you can…