Pre-Award Protests: Challenging the “Ground Rules” of a Procurement

Many of the most consequential bid protest cases GAO and the Courts consider are pre-award challenges to the ground rules of the procurement.  Examples include:

• SpaceX case presenting pre-award challenges to a planned OTA for commercial space services;
• Palantir case that required the Army to switch from custom-built to commercial software for its intelligence-sharing platform, DCGS-A; and the
• Agusta Westland case challenging the Army’s sole-source procurement of UH-72 training helicopters.

This webinar will discuss those.  And it will focus on the difficult but critical choice contractors must make – challenge allegedly faulty ground rules before award, or forfeit the right to complain after under GAO’s rules and the Court’s Blue & Gold rule.