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 and Tantus unequally, particularly with respect to their surge staffing approaches, despite nearly identical solutions.
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 decision confirms that the Court is the de facto forum for bid protests challenging Department of Defense (DoD) OTA decisions—at least where the agency is pursuing products or services for its direct benefit.
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.
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 make an informed decision.
