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Bid Protests COFC

Marathon Targets Misses the Mark: COFC Upholds Disqualification Over Mishandling of Leaked Evaluation Data

In Marathon Targets, Inc. v. United States, U.S. Court of Federal Claims, No. 25-121 (March 13, 2025, reissued March 24, 2025), Marathon Targets sought to block a U.S. Marine Corps contract awarded to MVP Robotics for...more

Mayer Brown

Recent US GAO Decision Reinforces that US COFC’s Decisions are Not Binding on GAO as a Bid Protest Forum

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On April 23, 2025, the Government Accountability Office (“GAO”) released a public decision dismissing a reconsideration request filed by 4K Global-ACC JC, LLC. The decision is noteworthy because in rejecting the request for...more

Court of Federal Claims Says Procurement Integrity Act Violation Doesn’t Doom Procurement

In a high-stakes procurement for medical services at the southern U.S. border, incumbent contractor Loyal Source challenged the handling by the U.S. Department of Homeland Security (DHS) of alleged Procurement Integrity Act...more

Morrison & Foerster LLP - Government...

Court of Federal Claims Confirms Jurisdiction over Other Transaction (OT) Bid Protests

Last month, in Raytheon Co. v. United States, the U.S. Court of Federal Claims (COFC) confirmed its jurisdiction to hear bid protests challenging the award of certain other transaction (OT) agreements. The decision names COFC...more

Bass, Berry & Sims PLC

COFC Decision Significantly Broadens OTA Bid Protest Jurisdiction

On February 24, Judge Armando Bonilla of the Court of Federal Claims (COFC) declined to dismiss a challenge to a $648 million award under a Missile Defense Agency (MDA) development deal, finding that the court had...more

Blank Rome LLP

Claims Court Breathes Life into Another Path to Protest OTAs

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On Monday, February 24, 2025, the Court of Federal Claims (“COFC”) released the public version of a February 13 decision declining to dismiss Raytheon Company’s protest of a $648.5 million award under the Missile Defense...more

Bass, Berry & Sims PLC

Project Labor Agreements No Longer Mandated for Large Federal Construction Contracts

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On January 21, in MVL, Inc., et al. v. United States, the U.S. Court of Federal Claims (COFC) struck down a 2022 Executive Order (EO), as well as the implementing Federal Acquisition Regulation (FAR), signed by then-President...more

Fox Rothschild LLP

DoD Makes Significant Changes to Bid Protest Requirements

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The 2025 National Defense Authorization Act (NDAA) includes two significant changes to DoD bid protests that are generally not favorable to contractors. (Both changes appear in Section 885 of the NDAA and can be viewed at...more

Bradley Arant Boult Cummings LLP

The 5 Most Important Bid Protest Decisions Of 2024

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

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Certification, Lateness, SBA Eligibility

This month’s bid protest roundup highlights one decision from the U.S. Court of Appeals for the Federal Circuit, addressing a proposal timely submitted but received late, and two decisions from the U.S. Government...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Standing, Relationships, Responsibility

This month’s Law360 Bid Protest Roundup focuses on two Government Accountability Office (“GAO”) decisions and one Court of Federal Claims (“COFC”) decision. From COFC jurisdiction and standing, to meaningful relationship...more

Venable LLP

FY25 NDAA to Explore a Souped-Up "Loser Pays" Rule for GAO Bid Protests, Raise Pleading Standards and Jurisdictional Threshold to...

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Congress is on the cusp of finalizing the FY25 National Defense Authorization Act (NDAA) and sending it to the President for his signature. The compromise version of the bill recently released by the House Armed Services...more

Blank Rome LLP

Fiscal Year 2024 GAO Protest Statistics: Course Correction from Fiscal Year 2023 Shows Continued Slow Decline in GAO Protests

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The Government Accountability Office (“GAO”) released its Annual Report to Congress for Fiscal Year 2024 (B-158766), summarizing bid protest activity during the 2024 fiscal year. The FY24 bid protest statistics reflect a...more

Wiley Rein LLP

Navigating Bid Protest Choices at GAO and COFC

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In this episode of Wiley's Government Contracts podcast, Ryan Frazee highlights key factors in choosing between the U.S. Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC) when filing bid...more

Schwabe, Williamson & Wyatt PC

SBA’s Rule-of-Two Proposal Targets Increased Small-Business Set-Asides

On October 25, the Small Business Administration proposed a rule intended to increase small business participation in multiple-award contracts. The rule would apply the “Rule of Two” to task and delivery orders issued under...more

Maynard Nexsen

SBA Issues Proposed Rule to Require "Rule of Two" for Orders Under Multiple Award Contracts

Maynard Nexsen on

Today, the Small Business Administration issued a proposed rule that would expand the application of the "rule of two" (for small business) to orders under multiple award contracts. The proposed rule is welcome news for small...more

Wiley Rein LLP

Bid Protest Lessons Learned From Oak Grove Technologies

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With another government fiscal year in the books, contractors may be anticipating the next season of bid protests. The Federal Circuit’s recent decision in Oak Grove Technologies v. United States offers a timely set of...more

Wiley Rein LLP

SAM Registered I Am Part 3: A Journey Through the Recent Case Law, Practical Tips and Guidance for Registering in SAM, and...

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We have actively monitored the drum beat of bid protest decisions addressing lapses in an offeror’s System for Award Management (SAM.gov or SAM) registration and their impact on an offeror’s eligibility for award. More recent...more

Bass, Berry & Sims PLC

Bid Protest Minute: COFC Makes It Clear; SAM Registration Can Sink a Proposal

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On September 10, the Court of Federal Claims (COFC) issued an opinion in Zolon PCS II, LLC v. United States, holding that the National Geospatial-Intelligence Agency (NGA or Agency) unreasonably issued a deviation from FAR...more

Mayer Brown

Ruling on an Issue of First Impression, US COFC Finds Protest Jurisdiction Over Challenge to a Follow-On Production Other...

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On July 16, 2024, the Court of Federal Claims (“COFC” or “Court”) published an opinion, Independent Rough Terrain Center, LLC v. United States, exercising jurisdiction to consider a bid protest involving Other Transaction...more

Morrison & Foerster LLP - Government...

Court Of Federal Claims Potentially Expands Its Other Transaction (OT) Bid Protest Jurisdiction

A recent decision, Independent Rough Terrain Center, LLC v. United States (“IRTC”),[1] confirms the U.S. Court of Federal Claims has jurisdiction over bid protests related to follow-on production contracts arising out of...more

Fox Rothschild LLP

COFC Says GAO has been wrong on Photocopied Bid Bond Signatures for Decades

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Late last year, the Court of Federal Claims (“COFC”) contradicted long-standing Government Accountability Office (“GAO”) precedent on the acceptability of photocopied signatures on bid bonds finding that the Government’s...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Mapping, Jurisdiction, Incumbency

The first decision, Kearney & Co. v. U.S., explores the ability of contractors to use labor mapping to bridge differences between an agency's stated needs and a contractor's offerings under its U.S. General Services...more

McCarter & English Blog: Government Contracts...

Big Bang?: The Federal Circuit, Percipient.ai, and Expanding Jurisdiction

In Percipient.ai v. United States, the US Court of Appeals for the Federal Circuit may have triggered a legal “Big Bang” moment in government procurement law. The case centered on whether the Federal Acquisition Streamlining...more

Miles & Stockbridge P.C.

Federal Circuit Expands What It Means to be an ‘Interested Party’ to Bring Bid Protest

The Court of Appeals for the Federal Circuit (CAFC) continues to redefine the Court of Federal Claims’ (COFC) ability to hear cases affecting all stages of the federal procurement process....more

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