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This week on Off the Shelf, Miller & Chevalier’s Jason Workmaster joined host Roger Waldron to discuss the key trends from Government Accountability Office’s FY21 bid protest report.

Workmaster, a leading government contractors attorney, talked about the trend towards fewer protests and the key grounds of protest that gender the most success for a protester.

He also covers some key government contract and bid protest decisions, including a Civilian Board of Contracts case with major implications for the GSA Multiple Award Schedule (MAS) program and its end user license agreements. In Avue Technologies Corporation versus HHS and GSA, the Board found no jurisdiction where Avue filed a claim for breach of its license. Avue is the licensor but not the MAS contractor with privity to the government and as such its claim was dismissed for lack of jurisdiction.

Workmaster also shared his analysis of a Court of Federal Claims case regarding interested party status, organizational conflicts of interest and the government’s timing to raise an OCI.

Finally, Workmaster provided a look at a significant year for procurement regulations, including updates the BAA, sustainable procurement, and cyber.

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