We Need to Talk:
Court Cases Overturn High Value Defense Procurements Over Failure to Hold Discussions
In several recent decisions, the Court of Federal Claims sustained protests of high value Department of Defense procurements, finding that procuring officials failed to conduct required discussions. In this client alert, ArentFox Schiff attorneys review the origin and meaning of DFARS 215.306, which directs DoD contracting officers to conduct discussions for procurements valued over $100 million; the GAO, Federal Circuit, and CFC cases that have addressed this provision; and the issues that remain.
