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COFC Department of Defense (DOD)

Pillsbury - Bid Protest Debrief

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

Seyfarth Shaw LLP

Six Essential Tips for Navigating the Contract Claims Process in Government Contracting

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In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for successfully navigating the contract claims process under federal procurement...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

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

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

Holland & Knight LLP

SBA Proposed Rule Seeks to Expand "Rule of Two" to Multiple Award Contract Task Orders

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The U.S. Small Business Administration (SBA) on Oct. 25, 2024, issued a proposed rule aimed at increasing small business participation in multiple award contracts (MACs) by expanding the application of the Rule of Two to...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

Wiley Rein LLP

Five Lessons to Prevent Government Abuse of Commercial Software Licenses

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When the U.S. Government licenses commercial software, it generally does so under the same terms as any other commercial software licensee, unless the terms of that license are inconsistent with federal law or do not...more

Bass, Berry & Sims PLC

Bid Protest Minute: GAO’s Task Order Jurisdiction

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On December 21, the Government Accountability Office (GAO) dismissed a protest by ELS, an unsuccessful bidder on a Department of Defense (DOD) task order opportunity, concluding that it did not have jurisdiction to consider...more

Morrison & Foerster LLP - Government...

December 2023 Bid Protest Roundup: Supplementation, Conversion, Rejection

This month’s Bid Protest Roundup include decisions regarding supplementation of the record and whether an agency may convert a sealed bid opportunity into a negotiated procurement due to lack of funds, as well as a case in...more

Wiley Rein LLP

COFC Releases Decision on Damages Owed by DOD in Copyright Infringement Case

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The U.S. Court of Federal Claims (COFC) recently unsealed its decision on damages for copyright infringement by the U.S. Department of Defense (DOD) in 4DD Holdings, Inc. v. United States (Case No. 15-945C). The Court awarded...more

Morrison & Foerster LLP - Government...

October 2023 Bid Protest Roundup: Instructions, Jurisdiction, Scrutiny

This month, we feature three bid protest decisions—two from the U.S. Government Accountability Office (“GAO”) and one from the U.S. Court of Federal Claims (“COFC”). Though each of these decisions focuses on a different...more

Sheppard Mullin Richter & Hampton LLP

Challenging Other Transaction Agreements – Navigating the Jurisdictional Highway

The origination of Other Transaction Agreements (OTAs) traces back to the October 1957 launch of Sputnik I by the Soviet Union and the subsequent Space Race. Congress created the National Aeronautics and Space Administration...more

Holland & Hart LLP

Refresher on Post-Government Employment Restrictions

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A recent decision published by the Court of Federal Claims (“COFC”) highlights the legal perils contractors may face by failing to properly evaluate the impact of post-government employment restrictions (i.e., “revolving...more

Jenner & Block

Government Contracts Legal Round-Up - November 2022 Issue 22

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Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Jenner & Block

Government Contracts Legal Round-Up | 2022 Issue 13

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Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Venable LLP

When You Come to a Fork in the Road Take It

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Though we are not yet halfway through 2022, the COFC has issued two decisions that highlight divergent views from GAO precedent regarding the availability of key personnel and whether there is a presumption that an Agency...more

Pillsbury Winthrop Shaw Pittman LLP

Further Divergence in COFC and GAO Protest Decisions

The U.S. Court of Federal Claims issues another decision highlighting a growing divergence in case law between the Court and the Government Accountability Office. COFC rejects GAO precedent for determining whether...more

Bass, Berry & Sims PLC

The Black Hole of Protest Jurisdiction: Can I Challenge the Award of an “Other Transaction Agreement”?

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While most federal procurements are conducted using the onerous regulations set forth in the Federal Acquisition Regulation (FAR) and agency supplements, agencies are increasingly relying on the more flexible, but...more

PilieroMazza PLLC

Should You File Your Bid Protest Before GAO or COFC: For the Record, the Record Can Make All the Difference

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In a bid protest, the record of the actions that the contracting agency took during the procurement is of paramount importance. Regardless of whether a protester files its challenge with the Government Accountability Office...more

Morrison & Foerster LLP - Government...

February 2021 Bid Protest Roundup (Law360 Spotlight)

This installment of our monthly Law360 bid protest spotlight considers: (1) a company’s successful challenge to an agency’s decision to take corrective action and reopen a competition the company had already won; (2) a...more

Wiley Rein LLP

Federal Circuit Clarifies Protest Timeliness Rules to Obtain Automatic Stay Following DOD Enhanced Debriefing Opportunity

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A recent decision by the U.S. Court of Appeals for the Federal Circuit in Nika Technologies, Inc. v. United States provides an important clarification of the timeliness rules for filing a bid protest with the U.S. Government...more

Wiley Rein LLP

Federal Circuit Nixes COFC Automatic Stay Decision

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WHAT: On February 4, 2020, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed a Court of Federal Claims (COFC) judge’s ruling in a decision that clarifies what a contractor must do to preserve the right to stop...more

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