Bid Protests

Dempsey Fontana has a seasoned team of attorneys that have represented clients in well over a hundred bid protests at the Government Accountability Office (GAO), Court of Federal Claims (COFC), the Federal Circuit and before numerous federal agencies, including the Department of Defense (DoD) and its service organizations, the Department of Homeland Security (DHS), the Federal Aviation Administration (FAA), Department of State (DOS), Defense Information Systems Agency (DISA), General Services Administration (GSA), Small Business Administration (SBA), the United States Postal Service (USPS), Department of Housing and Urban Development (HUD), Census Bureau (USCB) and numerous other agencies.  We also have experience prosecuting bid protests before state and local administrative bodies, including Virginia, Maryland, the District of Columbia and West Virginia. 

Clients turn to us for our extensive expertise and our ability to offer sound advice while controlling litigation costs.  Whether your company is intervening to protect an award or challenging your company's improper exclusion from an award, we will take a hard and candid look at each potential protest to assess the merits of each case and the probable outcomes.  We strongly believe in filing protests only when they have a reasonable chance of achieving our clients' actual business objectives and will often advise our clients against such filings when the probable outcome and cost of litigation outweigh these business objectives.

Proven Track Record

We provide high caliber legal advice to large multinational companies, small business clients just gaining a toehold in the public procurement arena and all stripes of companies in between.  The attorneys at Dempsey Fontana have represented clients in scores of protests involving high-stake procurements, including:

  • Successfully protested the $22 billion Enterprise Acquisition Gateway for Leading-Edge Solutions II (EAGLE II) multiple award contract.
  • Successfully protested the $20 billion NASA Solutions for Enterprise-Wide Procurement (“SEWP V”) multiple award contract.
  • Represented numerous small business clients in connection with size and status protests before the SBA as well as defended small businesses from such protests.
  • Successfully defended the protest of the $10 billion GSA Streamlined Technology Acquisition Resources for Services (STARS) II multiple award contract.
  • Successfully led agency level protest of the $5 billion Army Information Technology Enterprise Solutions 3 Hardware (ITES 3H) multiple award contract.

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