Bid Protest Spotlight: Bait-And-Switch, Scope, Performance

This month’s Bid Protest Spotlight discusses two recent decisions issued by the U.S. Government Accountability Office (GAO) and one decision from the U.S. Court of Federal Claims (COFC).

Wave Digital Assets LLC v. U.S. provides an interesting decision about bait-and-switch protest claims and the use of post-award decision evidence to support motions for reconsideration in bid protest litigation. 

Ares Enterprise, LLC demonstrates that agencies must be vigilant in ensuring that orders placed under Federal Supply Schedule contracts and blanket purchase orders are properly within the scope of those underlying agreements.

Batelle Memorial Institute offers a warning about using an affiliate company’s past performance reference.

Read the full blog post.