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
As the regulatory environment continues to evolve in the new administration, U.S. government contractors are facing an increasingly complex array of legal challenges. Staying compliant and competitive requires close attention...more
4/15/2025
/ Bid Protests ,
Buy America ,
Buy American Act ,
Compliance ,
Cybersecurity ,
Cybersecurity Maturity Model Certification (CMMC) ,
Department of Defense (DOD) ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Employer Liability Issues ,
Environmental Social & Governance (ESG) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Procurement Guidelines ,
Regulatory Requirements ,
Supply Chain
On March 14, 2025, President Donald Trump issued an executive order rescinding several policies from the previous administration, including Executive Order 14026, which had increased the minimum wage for federal contractors....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
The U.S. Small Business Administration (SBA) recently issued a direct final rule that eliminates self-certification for service-disabled veteran-owned small businesses (SDVOSBs). The SBA’s final rule — which implements a...more
On January 30, 2024, the Biden administration proposed a rule (the Salary Rule) that would amend the Federal Acquisition Regulation (FAR) to “prohibit contractors and subcontractors from seeking and considering information...more
2/9/2024
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Minimum Salary ,
New Rules ,
Proposed Rules ,
Regulatory Mandates ,
Vaccinations
Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see, e.g., our post on “Bid Protests in New York” and our “Update on Bid Protests in Alabama”). For the next state in this...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
On June 2, 2023, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued an interim rule to implement a new statutory requirement that, in short, bans the TikTok app from devices used in...more
6/16/2023
/ Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Information Technology ,
Legislative Agendas ,
Mobile Apps ,
Mobile Devices ,
National Security ,
New Legislation ,
New Rules ,
Popular ,
Privacy Laws ,
Regulatory Agenda ,
Subcontractors ,
Subcontracts ,
TikTok
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
On January 30, 2023, the Biden administration stated that it intends to extend the previously declared COVID-19 national emergency and the separately declared public health emergency until May 11, 2023, and then end both...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
There’s a common quip in Washington that federal employees leaving their jobs to work in the private sector are “going to the Dark Side.”
However, what is not so funny for federal contractors and former executive branch...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
More than ten months ago, on September 9, 2021, President Biden issued Executive Order 14042, which imposed a COVID-19 vaccine mandate on many federal contractors and subcontractors. As we have previously reported, the order...more
The U.S. Small Business Administration (SBA) recently issued a final rule that provides two new methods for small business government contractors to obtain past performance ratings to be used in support of offers on prime...more
The U.S. Court of Appeals for the Federal Circuit, in SEKRI, Inc. v. United States, recently added to the growing body of case law that has declined to extend the scope of the Blue & Gold waiver rule...more
More than seven months ago, on September 9, 2021, President Biden issued Executive Order 14042, which imposed a COVID-19 vaccine mandate on many federal contractors and subcontractors. As we have previously reported, the...more
Ringing out 2021, the U.S. Court of Appeals for the Federal Circuit, in Systems Studies & Simulation, Inc. v. United States, recently held that there generally is no presumption that a protester has suffered competitive...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
As promised, on September 24, 2021, the Safer Federal Workforce Task Force issued Guidance for Federal Contractors and Subcontractors about the implementation of President Biden’s Executive Order 14042, which imposed a...more
9/28/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
New Guidance ,
Remote Working ,
Solicitation ,
Subcontractors ,
Vaccinations ,
Workplace Safety
With Delta variant infections on the rise, the Biden administration recently announced that “every federal government employee and onsite contractor will be asked to attest to their vaccination status,” and that anyone who...more