In NIKA Technologies v. U.S., the U.S. Court of Appeals for the Federal Circuit recently reversed the holding of the U.S. Court of Federal Claims regarding when the protest-filing clock starts running for a stay of contract performance pending resolution of a bid protest when U.S. Department of Defense enhanced post-award debriefing procedures are used.
This article discusses the Federal Circuit's noteworthy decision in NIKA Technologies and provides practical guidance for government contractors on how to deal with the debriefing problem encountered by the protester in that case.
Republished with permission. The full article, "Fed. Circ. Ruling Guides On DOD Enhanced Debrief End Date," was published by Law360 in February of 2021 and can be found here.