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FY 2014: A Positive Year for GAO Bid Protests at Smith Pachter McWhorter PLC

NOTICE: CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE.  CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY ANY ATTORNEY AT SMITH PACHTER MCWHORTER PLC.  FOR FURTHER INFORMATION, PLEASE CONTACT JONATHAN D. SHAFFER, SMITH PACHTER MCWHORTER PLC, 8000 TOWERS CRESCENT DRIVE, SUITE 900, TYSONS CORNER, VIRGINIA 22182.

FY 2014:  A Positive Year for GAO Bid Protests at Smith Pachter McWhorter PLC

GAO has issued its annual report to Congress on its bid protest decisions for fiscal year 2014.  GAO sustained 72 protests.  Of those 72, three protesters were represented by Smith Pachter McWhorter.

In Fiscal Year 2014, 2,561 protests were filed with 556 decisions on the merits.  The protest sustained rate was 13%.  The GAO report is available at http://www.gao.gov/products/GAO-15-256SP

The three protests sustained in which Smith Pachter McWhorter attorneys represented the protester were:  Coulson Aviation (USA) Inc.; 10 Tanker Air Carrier, LLC; Minden Air Corp., B-409356.2, B-409356.3, B-409356.4, B-409356.5, B-409356.6, March 31, 2014, 2014 CPD ¶ 106 (SPM represented Coulson Aviation (USA) Inc.); Intelligent Decisions, Inc.; Abacus Tech. Corp.; D&S Consultants, Inc.; CDO Technologies, Inc., B-409686, B-409686.2, B-409686.3, B-409686.5, B-409686.6, B-409686.12, B-409686.14, July 15, 2014, 2014 CPD ¶ 213 (SPM represented D&S Consultants, Inc.); IBM U.S. Federal, a division of IBM Corp.; Presidio Networked Solutions, Inc., B-409806, B-409806.2, B-409806.4, B-409806.5, August 15, 2014, 2014 CPD ¶ 241 (SPM represented Presidio Networked Solutions, Inc.)

Based on review of GAO's published sustained decisions, the three sustained protest decisions are the most by any law firm for fiscal year 2014. 

Since the end of fiscal year 2014, SPM was also successful in representing a protester challenging an organizational conflict of interest ("OCI") of the awardee.  International Resources Group, B-409346.2, B-409346.6, B-409346.9, December 11, 2014, 2014 CPD ¶ 369.

In addition to the sustained protests, SPM was successful in obtaining voluntary corrective action in a number of protests.  For fiscal year 2014, GAO's annual report to Congress shows a "success" rate of 42%.  According to GAO, to be included in GAO's effectiveness rate, a protester must obtain some formal relief from the agency as reported to GAO, either as a result of voluntary agency corrective action or GAO sustaining the protests.  The figure is a percentage of all protests closed during the fiscal year.