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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
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
In routine times, Israeli law obligates public entities to publish tenders for the procurement of goods, services, and the performance of work. However, Israel’s various Mandatory Tender Regulations contain provisions...more
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
On May 22, 2025, the Trump Administration unveiled the next installment of the revised Federal Acquisition Regulation (FAR) as part of the “Revolutionary FAR Overhaul” (RFO). The latest release set its sights on FAR Part 10...more
A bill recently signed into law by Hawaii Gov. Josh Green significantly expands the scope of the state's lobbying law to cover procurement activities. When the law takes effect on Jan. 1, 2027, its expanded scope will have...more
When participating in a government procurement process, understanding the rules governing bid protests is crucial. For contractors engaging with the Metropolitan Washington Airports Authority (MWAA), strict procedural...more
The U.S. Department of Defense (DOD) on May 27, 2025, issued a memorandum implementing Executive Order (EO) 14222. As our team previously summarized, EO 14222 implemented the Department of Government Efficiency's (DOGE) "cost...more
The FAR Council is undertaking a systematic approach to revising the FARs. It recently released its revisions to FAR Part 10, Market Research. The GSA provided the following explanation of the changes to FAR Part 10: ...more
The latest part of the Federal Acquisition Regulation (FAR) to undergo a rewrite is FAR Part 10, which addresses market research for acquisitions. The General Services Administration has already adopted the new Part 10 via...more
On April 16, 2025, the Trump Administration issued an Executive Order titled “Ensuring Commercial, Cost-Effective Solutions in Federal Contracts,” which establishes the Administration’s policy of procuring “commercially ...more
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
GAO just sharpened the distinction between winning and losing protest arguments related to key project personnel. The issue turns on the question of whether the winning proposal included “material misrepresentations” – and...more
In Part 2 of this series, we look at OMB Memorandum M-25-22, which addresses the procurement of AI by federal agencies. As noted in Part 1, the memos implement Executive Order 14179, “Removing Barriers to American Leadership...more
In South Carolina, government contracting can be a lucrative opportunity for businesses, but it comes with its share of challenges — one of which is dealing with bid protests. Whether you’re an established contractor or new...more
In FI Consulting, Inc., B-423274 (April 11, 2025), FI Consulting, Inc. (FIC) protested its elimination from a procurement for U.S. Department of Agriculture (USDA) program support services after the agency rejected its...more
The federal procurement landscape continues to shift and transform. Two recent executive orders push the government contracting community further towards the plan for a comprehensive update of the Federal Acquisition...more
Orders agencies to procure commercially available products and services, including those that can be modified to fill agencies’ needs, to the maximum extent practicable. Within 60 days of the date of this order, each agency’s...more
As global trade policies shift, U.S. government contractors must navigate the evolving landscape of tariffs and their implications. The recent introduction of new tariffs by the federal government has significant consequences...more
In the recent MicroTechnologies LLC and SMS Data Products Group, Inc. decisions, the Government Accountability Office (GAO) sustained protests challenging the Agency’s failure to perform the required price risk analysis under...more
On February 26, GAO denied the protest of Mission Analytics, Inc., challenging the award of a small business set-aside contract to ThunderCat Technology, LLC, explaining that “it is a firm’s responsibility to submit a...more
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
Our guide for suppliers and contracting authorities in bringing and defending public procurement challenges under the Procurement Act 2023 The Procurement Act 2023 (the “PA23”) in the United Kingdom will commence on or after...more
The incoming Trump administration has sent many signals that it intends to ramp up the Department of Defense’s use of nontraditional acquisition pathways to bridge the “Valley of Death” and bring innovative technologies to...more
When the Government is in a contract, it cannot just stop making payments. This is the general rule whether the contract is a procurement, grant, or cooperative agreement. Rather, the Government’s continued non-payment is...more