American Case Law

The US Federal Regime: A Bid Protest Case Study

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase.  In its September 2018 report entitled Government Contract Bid Protests: Analysis of Legal Processes and Recent Developments the United States [...]

Contract Struck Down Over Reference Improvisation

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its July 2018 decision in Best Climate Control Corp., the Office of the New York State Comptroller overruled the [...]

Court Upholds Rejection of Email Bid

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its July 2018 decision in Center for Climate Strategies, Inc. v. Department of Environmental Protection, the Commonwealth Court of [...]

Contract Struck Down Due to Improvised Evaluation

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its June 2018 decision in Centerra Group, LLC v. The United States, the United States Court of Federal Claims [...]

Court Distinguishes Potential Bias from Actual Bias

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its June 2018 decision in Rochester City Lines Co. v. City of Rochester, the Minnesota Supreme Court overturned a [...]

GAO Overrules Unfair Advantage Disqualification

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its June 2018 decision in the matter of Archimedes Global, Inc., the U.S. Government Accountability Office (GAO) overruled the [...]

Court Quashes $6.7 Billion Award to “Carve-Out” Bid

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its May 2018 decision in the Matter of Employee Benefits: Pharmacy Benefit Management Contract, the New Jersey Superior Court [...]

Court Upholds Material Non-Compliance Rejection

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its March 2018 decision in Tallahassee Corporate Center, LLC v. Florida Fish and Wildlife Conservation Commission, the Florida Department [...]

Court Awards Damages for Flawed Evaluation

By Paul Emanuelli In its November 2017 decision in Mega Reporting Inc. v. Yukon, the Supreme Court of Yukon found the government liable for conducting a flawed evaluation. The case dealt with an RFP for transcription services. The plaintiff submitted [...]

Court Strikes Down Hedged Bid as Non-Compliant

By Paul Emanuelli This article is an excerpt from The Art of Tendering: A Global Due Diligence Guide, which is available for purchase. In its January 2018 decision in Re: Motor Vehicle Commission Surcharge System Accounting and Billing Services, the Superior Court of [...]