Bid Protest Remedies and Remands: New Guidance from The Supreme Court, The Nash & Cibinic Report
Publications
September 1, 2022
In the September issue of The Nash & Cibinic Report, Special Counsel Nathaniel E. Castellano and Associate Scott E. Whitman discuss two recent Supreme Court decisions that carry significant implications for a typical bid protest remedy: remand. They describe the current legal landscape for bid protest remedies and explain the mechanics of remand available to government contractors given the Court’s recent guidance.
Read the full article.
Mr. Castellano advises clients on all aspects of doing business with and litigating against the federal government. He is a widely recognized thought leader in the government contracts community and a seasoned advocate with experience litigating high-profile bid protest matters before the Government Accountability Office, United States Court of Federal Claims, Federal District Court, and the United States Court of Appeals for the Federal Circuit.
Mr. Whitman represents major defense contractors, small and veteran-owned businesses, joint ventures, and other government contractors across the entire spectrum of federal, state, and local procurement. He represents contractors in bid protests before the Government Accountability Office, the US Court of Federal Claims, and other tribunals. He also litigates claims and requests for equitable adjustment, supports investigations concerning Federal Acquisition Regulation and Davis Bacon Act compliance, and provides strategic counseling on contract formation, administration, termination, and transactions. Mr. Whitman also represents other clients in investigations, complex commercial litigation, and appeals.
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
Publications
September 1, 2022
In the September issue of The Nash & Cibinic Report, Special Counsel Nathaniel E. Castellano and Associate Scott E. Whitman discuss two recent Supreme Court decisions that carry significant implications for a typical bid protest remedy: remand. They describe the current legal landscape for bid protest remedies and explain the mechanics of remand available to government contractors given the Court’s recent guidance.
Read the full article.
Mr. Castellano advises clients on all aspects of doing business with and litigating against the federal government. He is a widely recognized thought leader in the government contracts community and a seasoned advocate with experience litigating high-profile bid protest matters before the Government Accountability Office, United States Court of Federal Claims, Federal District Court, and the United States Court of Appeals for the Federal Circuit.
Mr. Whitman represents major defense contractors, small and veteran-owned businesses, joint ventures, and other government contractors across the entire spectrum of federal, state, and local procurement. He represents contractors in bid protests before the Government Accountability Office, the US Court of Federal Claims, and other tribunals. He also litigates claims and requests for equitable adjustment, supports investigations concerning Federal Acquisition Regulation and Davis Bacon Act compliance, and provides strategic counseling on contract formation, administration, termination, and transactions. Mr. Whitman also represents other clients in investigations, complex commercial litigation, and appeals.
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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