The U.S. Court of Federal Claims recently issued a significant opinion in Gemini Tech Servs., LLC v. United States, holding that the Army’s failure to follow required procedures under the Federal Acquisition Regulation (FAR)...more
5/12/2025
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Appeals ,
Bid Protests ,
COFC ,
Competition ,
Contract Disputes ,
Contractors ,
Court of Federal Claims ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
Government Agencies ,
Injunctive Relief ,
Prejudice ,
Procurement Guidelines ,
Small Business
In a cautionary decision that reinforces the importance of strict compliance with solicitation instructions, the Government Accountability Office (GAO) recently denied in part and dismissed in part a protest challenging a...more
5/7/2025
/ Bid Protests ,
Contract Disputes ,
Contract Terms ,
Contractors ,
Corporate Counsel ,
Federal Acquisition Regulations (FAR) ,
GAO ,
Government Agencies ,
Procurement Guidelines ,
Solicitation ,
USDA
In the recent MicroTechnologies LLC and SMS Data Products Group, Inc. decisions, the Government Accountability Office (GAO) sustained protests challenging the Agency’s failure to perform the required price risk analysis under...more
In light of the Department of Government Efficiency’s (DOGE) recent efforts to reduce the number of federal government contracts and purportedly streamline the procurement process, it has never been more critical for federal...more
3/17/2025
/ Bid Protests ,
Contract Disputes ,
Department of Government Efficiency (DOGE) ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
Government Agencies ,
Government Efficiency ,
Public Procurement Policies ,
Regulatory Reform ,
Transparency
In 2024, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued five noteworthy bid protest decisions:
- Percipient.ai Inc. v. U.S.
- Oak...more
1/30/2025
/ Appeals ,
Bid Protests ,
CMMI ,
COFC ,
Contract Disputes ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Court Litigation ,
GAO ,
Government Agencies ,
Tucker Act
In January 2023, the U.S. Army Corps of Engineers (USACE) issued an invitation for bids (IFB) for a dune and berm replenishment and renovation project along the New Jersey coast. The USACE received two sealed bids for the...more
The Government Accountability Office (GAO), in TLS Joint Venture, LLC, B-422275, recently sustained a bid protest alleging that the contract awardee’s System for Award Management (SAM) registration lapsed between the...more
In 2023, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued five bid protest decisions worthy of note: This article provides summaries and discusses how these cases might shape future bid...more
The U.S. Government Accountability Office's recently issued annual bid protest report is noteworthy because it shows that 31% of bid protests were sustained — more than double the rate for prior years— and that protesters...more
We recently reported on the Government Accountability Office’s (GAO) decision in AttainX. As we explained, the AttainX decision is noteworthy because the GAO held that, notwithstanding the fact that a solicitation does not...more
The Government Accountability Office (GAO), in AttainX, recently sustained a bid protest where the protester argued that the agency’s evaluation was inconsistent with the Small Business Administration’s (SBA) regulations...more
In 2022, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued six bid protest decisions worthy of particular note.
- ASRC Federal Data Solutions LLC
- ESimplicity Inc. v. U.S.
-...more
The U.S. Government Accountability Office issued its annual bid protest report on Nov. 1.
This year's report is noteworthy because it shows that protesters received some form of relief from the procuring agency in more...more
The Government Accountability Office (GAO) recently issued its annual bid protest report. As discussed below, this year’s report is noteworthy for multiple reasons, including that it shows that protesters received some form...more
The number of bid protest filings peaks in October as a result of increased government spending at the end of the government’s fiscal year — which is the 12-month period beginning on October 1 and ending on September 30...more
In 2021, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued six bid protest decisions worthy of note:
• InfoPoint LLC
• Medline...more
The Government Accountability Office (GAO), in Spartan Medical, Inc., B-419503, recently clarified the scope of its jurisdiction over bid protests involving an agency's use of its other transaction agreement (OTA) authority....more
The Department of Defense (DoD) recently proposed to amend the Federal Acquisition Regulation Supplement (DFARS) to codify and expand on the rules set forth in DoD’s March 2018 Class Deviation on Enhanced Postaward Debriefing...more
The Government Accountability Office (GAO), in Spartan Medical, Inc., B-419503, recently clarified the scope of its jurisdiction over bid protests involving an agency’s use of its other transaction agreement (OTA) authority....more
The Government Accountability Office (GAO) recently issued to Congress its annual bid protest report.
As discussed below, this year's report is noteworthy for multiple reasons, including that it shows that protesters...more
The Government Accountability Office (GAO) recently issued to Congress its annual bid protest report. As discussed below, this year’s report is noteworthy for multiple reasons, including that it shows that protesters received...more
A few months ago, we wrote about how the U.S. Court of Federal Claims (COFC) had defined when the protest clock starts running for a stay of contract performance pending a bid protest if the Department of Defense’s (DOD)...more
12/14/2020
/ Appeals ,
Bid Protests ,
COFC ,
Construction Contracts ,
Debriefing ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Federal Contractors ,
GAO ,
NDAA ,
Oral Argument ,
US Army Corps of Engineers
As a result of increased government spending at the end of the government's fiscal year — the 12-month period beginning on Oct. 1 and ending on Sept. 30 — the number of bid protest filings peaks in October. Accordingly,...more
As we noted recently, the number of bid protest filings peaks in October as a result of increased government spending at the end of the government’s fiscal year, which ends September 30. Thus, our previous article provided a...more
As a result of increased government spending at the end of the government’s fiscal year — which is the 12-month period beginning on October 1 and ending on September 30 — the number of bid protest filings peaks in October....more