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 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. 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
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 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
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
Fans of the classic 1960s cartoon series Rocky and Bullwinkle may recall two minor characters, Chauncey and Edgar, who commented on the action by saying something like this: “Now there’s something you don’t see every day,...more
9/14/2020
/ Bid Protests ,
COFC ,
Corporate Counsel ,
Federal Contractors ,
GAO ,
Licensing Rules ,
Motion To Intervene ,
State and Local Government ,
State Licenses ,
Subcontractors ,
Vendors
Although the film This Is Spinal Tap was released in 1984, a bid protest attorney whose client has gotten corrective action or had a protest sustained might still hum along with that film’s song, Gimme Some Money, when...more
One might forget these days that bid protests are still going on. But they are, and a recent Court of Federal Claims (COFC) case provides insight into the timeliness of protests for the purpose of obtaining a stay of contract...more
Recently, the Government Accountability Office (GAO) issued two advisory opinions relating to protests currently before the U.S. Court of Federal Claims (COFC)... The decisions themselves do not involve unique issues, but...more
In 2018, three particularly important decisions were issued that will have a significant impact on bid protest law for years to come: Dell Federal Systems LP v. United States, PDS Consultants Inc. v. United States, and Oracle...more
12/28/2018
/ Appeals ,
Bid Protests ,
COFC ,
Corrective Actions ,
Department of Defense (DOD) ,
Department of Veterans Affairs ,
Federal Contractors ,
GAO ,
Nonprofits ,
Procurement Guidelines ,
Rule of Two ,
Set-Aside Contracts ,
Small Business ,
US Army Corps of Engineers ,
Veterans