Nooree Lee

Nooree Lee

Associate

Nooree Lee represents government contractors in a wide variety of litigation and counseling matters across the federal, state, and local government markets.  Mr. Lee works with all types of contractors, from the largest defense systems integrators to the smallest SBA-certified entities, and he has particular experience working with clients just entering the government contracts marketplace.  Mr. Lee counsels clients on every legal aspect of government contracts, from pre-solicitation legal analysis to post-contract disputes, and his primary practice is litigating bid protests before the Government Accountability Office (GAO).

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Pentagon Reverses Course and Rolls Back The IR&D Technical Interchange Rule

On September 14, 2017, the Department of Defense issued a new class deviation that eliminates the requirement on major contractors to engage with the Government in technical interchange meeting prior to the generation of independent research and development (IR&D) costs.  This class deviation represents a continuing reversal in position for the Pentagon, which had been … Continue Reading

Defense Industry Calls on the Pentagon to Withdraw Proposed Changes to IR&D Rules

In public comments submitted earlier this month, the defense industry and the public contract bar called upon the Department of Defense (DoD) to withdraw or significantly revise a proposed rule altering how independent research and development (IR&D) costs are treated.  These public comments reflect the defense industry’s growing concern that DoD is moving to constrain the industry’s … Continue Reading

GAO Decision Illustrates Breadth of Agency Discretion in Past Performance Evaluations

In the recent bid protest decision of Halbert Construction Company Inc., the Government Accountability Office (GAO) illustrated the breadth of a procuring agency’s discretion in conducting a past performance evaluation.  Halbert Construction brought the protest after being excluded from the competitive range, arguing primarily that the Navy unreasonably included a non-relevant prior project in the … Continue Reading

Recent GAO Decision Highlights Possibility of Limited Evaluations in Best-Value Procurements

Offerors in best-value procurements are generally accustomed to a review of their complete proposals during the evaluation process.  The recent Government Accountability Office (GAO) decision in The COGAR Group, Ltd., B-413004 (July 22, 2016) highlights the ability of agencies to blend lowest-price technically-acceptable (LPTA) procurement principles into best-value procurements and thereby limit the scope of … Continue Reading

Revised FOIA Statute May Increase Release of Contractor Data

On June 30, 2016, President Obama signed into law the Freedom of Information Act (FOIA) Improvement Act of 2016.  The new law revises FOIA to codify the Obama Administration’s policy that executives agencies adopt a presumption that openness prevails.  Among other changes, the act also calls for the creation of a new consolidated online FOIA … Continue Reading

GAO Rejects Timeliness Challenge Because “Essential Elements” of Protest Were Timely Filed

In REB ROWE Services, LLC; General Services Administration–Reconsideration, B-410001.6; B-410001.7 (Apr. 4, 2016), the Government Accountability Office (GAO) recently denied a request for reconsideration and clarified that protest grounds are interpreted broadly for timeliness purposes. This decision is a reminder for protestors and intervenors alike that seemingly untimely protest grounds may still be revived if … Continue Reading

GAO Sustains Organizational Conflict of Interest Protest Of Veterans Affairs Task Order

On February 11, 2016, the Government Accountability Office publicly released its recommendation sustaining the protest by ASM Research of a task order award by the Department of Veterans Affairs (VA) to Booz Allen Hamilton.  GAO determined that the VA failed to adequately consider a potential organizational conflict of interest (OCI) of the awardee based on … Continue Reading

Beware Of Employment Law Issues Amidst A Potential Government Shutdown

Two years ago, government contractors faced the various employment law implications of furloughs caused by the government shutdown.  Many federal agencies furloughed employees and instructed contractors to implement similar reductions in contract hours.  Despite recent public statements from outgoing Speaker of the House John Boehner that the federal government will not shut down, the continued … Continue Reading

Recent CRS Report Reveals Long-Term Trends in GAO Protests

A recent study from the Congressional Research Service (CRS) identified several notable trends in bid protests before the Government Accountability Office (GAO) from FY 2001 to FY 2014.  Foremost among these trends are (1) a significant increase in bid protests filed over the past fourteen years but relative stability in filing rate over the past … Continue Reading

Recent GAO Bid Protest Decisions Remind Contractors of Strict Filing Requirements

A pair of recent bid protest decisions serve to remind contractors of the strict requirements for filing of protests before the Government Accountability Office (GAO).  While many contractors are generally aware of the rapidly expiring filing periods of post-award bid protests, and jurisdictional limits on task order protests, even the most seasoned contractors can confuse … Continue Reading

GAO Sustains Protest Based On Improper Actions Of Acquisition Services Contractor

In an unusual case, the Government Accountability Office sustained a protest alleging that an acquisition services contractor had acted unilaterally to prevent an offeror from participating in a Department of State competition.  The decision serves as a reminder that procuring agencies bear responsibility for the actions of acquisition services contractors.… Continue Reading

SBA Issues New Rule On Small Business Status Advisory Opinions

On February 11, 2015, the U.S. Small Business Administration issued its final rule implementing statutory revisions that encourage use of small business status advisory opinions from Small Business Development Centers (SBDCs) or Procurement Technical Assistance Centers (PTACs).  Specifically, the new rule implements provisions of the National Defense Authorization Act of 2013 that establish limitations of … Continue Reading

GAO Bid Protest Filings Increase in FY 2014 But Sustain Rate Declines

On November 18, the Government Accountability Office (GAO) released its annual bid protest report for FY 2014.  According to the report, 2,561 cases were filed at GAO in FY 2014, up 5% from last year.  The total of 2,561 includes 2,445 protests, 50 cost claims, and 66 requests for reconsideration.  GAO ruled on 556 cases … Continue Reading

Recent Decision Reiterates the Limits on Terminations for Convenience

New government contractors are often surprised to learn that a standard clause in federal contracting gives the government the right to terminate contracts for convenience.  In day-to-day discussions, it is not uncommon for government contractors to think of termination for convenience as equivalent to termination without cause, as opposed to “for cause” termination for default.  … Continue Reading

Pentagon Issues New Procurement Guidelines and Adds Hurdles to Sole Source Awards

On August 21, 2014, the Undersecretary of Defense for Acquisition, Technology and Logistics issued a Memorandum titled Actions to Improve Department of Defense Competition.  This Memorandum serves as a reminder to Department of Defense (“DOD”) contracting officials, and the contracting community at large, that the DOD will continue to emphasize competition in contracting. The Memorandum … Continue Reading
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