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Bid Protests

Bradley Arant Boult Cummings LLP

GAO Upholds Navy’s Rejection of Late Proposal

In a recent decision highlighting the critical importance of timely proposal submissions in federal procurements, the Government Accountability Office (GAO) denied a protest by challenging the Navy’s rejection of the...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – July 2025 #2

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SBA Orders Full-Scale Audit of 8(a) Program: What You Should Do to Prepare - The U.S. Small Business Administration (SBA) recently announced an “immediate and full-scale audit” of its 8(a) business development program. The...more

Fox Rothschild LLP

CICA Stay Preserved: COFC Rules in Favor of Protester, Applies Equitable Tolling

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The Competition in Contracting Act (CICA) of 1984 establishes a procedure that effectively pauses performance of a federal contract award during a bid protest. If a disappointed bidder files a protest with the Government...more

Pillsbury - Bid Protest Debrief

Wright Brothers Protest Fails to Take Flight: GAO Grounds Untimely Protest

In Wright Brothers Aero, Inc., B-423326.2 (July 7, 2025),​ Wright Brothers Aero protested the Defense Logistics Agency’s (DLA) reaffirmation of a contract award for aircraft refueling services to Premier Jet Services, arguing...more

PilieroMazza PLLC

The Unusual Case of Obtaining a “Pause” on Performance After Missing the Filing Deadlines

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One of the primary benefits of filing a protest with the Government Accountability Office (GAO) is that it automatically puts the awarded contracts on hold, stopping the agency from proceeding with performance. To reap the...more

Bradley Arant Boult Cummings LLP

Bid Protests in Missouri

For government contractors doing business in Missouri, understanding the state’s bid protest process is essential. When a contractor believes that a contract award was improper or unfair, the state of Missouri allows for a...more

Bradley Arant Boult Cummings LLP

Understanding the Postal Service’s Bid Protest Process

Contractors pursuing work with the U.S. Postal Service (USPS) must be aware that the Postal Service operates under a unique set of rules. Unlike most federal agencies, the USPS is not subject to the jurisdiction of the...more

Pillsbury - Bid Protest Debrief

Trap for the Unwary: GAO Clarifies That Agency’s Misleading Statements Do Not Extend Protest Deadline

In SMS Data Products Group, Inc., B-423341, et al. (May 29, 2025​), SMS Data Products Group protested a task order award to Abacus Technology Corporation for intranet control support services. While the protest raised several...more

Fox Rothschild LLP

OCIs: Recent GAO Decision Provides Insight on How to Successfully Challenge an Agency’s Investigation of Organizational Conflicts...

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The Federal Acquisition Regulation (FAR) generally requires contracting officials to identify and evaluate organizational conflicts of Interest (OCIs) as early as possible in a procurement. The FAR also requires the procuring...more

Fox Rothschild LLP

NJ Supreme Court Ruling Provides Public Agencies With Broad Discretion in Bidding Process

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The New Jersey Supreme Court recently issued an important opinion providing clear guidance for companies seeking to do business with the state of New Jersey, that in public works projects, bid documents must be in full...more

WilmerHale

The Telesto Decision: COFC's Latest (and Most Novel) Take on OTA Jurisdiction

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Judge Hertling’s recent decision in Telesto Group, LLC v. United States provides a novel approach for determining when Court of Federal Claims (also “COFC”) has jurisdiction to consider a protest of a project under the...more

Bass, Berry & Sims PLC

Compliance with Limitation on Subcontractor is Ostensible Subcontractor Safe Harbor

On June 2, the Small Business Administration’s (SBA) Office of Hearing and Appeals (OHA) denied a size appeal filed by Veteran Elevator Solutions, LLC (VES) challenging the size of Bass, Berry & Sims’ client GD Resources, LLC...more

Bradley Arant Boult Cummings LLP

Navigating Federal Solicitations with Artificial Intelligence

As the federal government continues to modernize procurement processes and embrace emerging technologies, contractors are increasingly turning to artificial intelligence (AI) tools to streamline their responses to...more

Pillsbury - Bid Protest Debrief

Conflict Confirmed: GAO Sustains Rare OCI Protest in Army Cyber Procurement

In DirectViz Solutions, LLC, B-423366, et al. (June 11, 2025)​, DirectViz Solutions protested the Army’s issuance of a task order to Peraton for cybersecurity information technology support services for the Army’s Global...more

Bradley Arant Boult Cummings LLP

Pre-Award Bid Protests: Practical Tips for Government Contractors

One of the most powerful but often misunderstood tools available to government contractors is the pre-award protest. Unlike post-award protests, which generally challenge the outcome of a procurement, pre-award protests...more

Miles & Stockbridge P.C.

Bid Protests of State Procurements in the DMV - D.C. Procurements

This is part one of a three-part series discussing state-level bid protests in the DMV. For a contractor who just expended significant time and money to bid on a DMV state-level government contract, only to watch the...more

Bradley Arant Boult Cummings LLP

Bid Protests in New Mexico

In New Mexico, vendors who compete for public contracts have legal recourse if they believe that a government solicitation or contract award was improper. The New Mexico Procurement Code provides a formal bid protest process...more

Pillsbury - Bid Protest Debrief

DISA Award Upheld Despite Massive Price Gap: GAO Says Sticker Shock Isn’t Enough

In AIX Tech, LLC, B-423417, et al., June 11, 2025, AIX Tech protested the award by the Defense Information Systems Agency (DISA) of a task order to Defense Solutions Group (DSG) for strategic advisory support services,...more

Bradley Arant Boult Cummings LLP

6 Tips for Government Contractors to Avoid, Neutralize, and Mitigate Organizational Conflicts of Interest

Organizational conflicts of interest (OCIs) continue to be a critical compliance risk in the federal contracting landscape. The Federal Acquisition Regulation (FAR) mandates that contracting officers “avoid, neutralize, or...more

Fox Rothschild LLP

GAO Holds that Enhanced Debriefing Timing Regulations Control Over Agency Instructions

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Timing is everything when it comes to bid protests at GAO. There is a mountain of GAO case law dismissing untimely protests. Contractors must strictly follow GAO’s regulations to avoid that fate and obtain a Competition...more

Bradley Arant Boult Cummings LLP

Bid Protests in Hawaii

The state of Hawaii provides a detailed statutory framework for protesting state procurements to ensure fairness, accountability, and transparency in the government contracting process. This article outlines the essential...more

Pillsbury - Bid Protest Debrief

Court of Federal Claims Upholds Agency’s Course Correction in Pursuit of Best Value

In Red River Science & Technology, LLC v. United States, U.S. Court of Federal Claims, No. 24-2035C (June 18, 2025), Red River challenged multiple aspects of an Army procurement under the Enhanced Army Global Logistics...more

Pillsbury - Bid Protest Debrief

COFC Warns: Protesters Must Prove Capability, Not Just Claim It

In KL3, LLC v. United States, U.S. Court of Federal Claims, No. 24-2028 (June 2, 2025, reissued June 12, 2025), KL3 challenged the Department of Defense’s award of two sole-source contracts under the SBA’s 8(a) program,...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Jurisdiction, Price Range, Late-Is-Late

This month’s bid protest spotlight features a trifecta of decisions from the U.S. Court of Federal Claims. In MVL USA Inc. v. United States, a consolidated bid protest involving seven protesters, the Court rejected...more

Fox Rothschild LLP

Other Transaction Authority: COFC Employs a “Principal Purpose” Test to Determine Whether Bid Protest Jurisdiction Exists

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Much has been written during recent years regarding the increasing volume of government acquisitions and spending effected under Other Transaction (OT) authority. These transactions are generally exempt from the requirements...more

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