Navigating Bid Protest Choices at GAO and COFC
Jones Day Presents: Strategies for Dealing with the IRS: Going to Court
Making Effective Use of the Claims/Disputes Process
CPARS From A to Z
Going to the Court of Federal Claims or the Boards of Contract Appeal
Award Protests: Choosing the Forum
How to Assess the Likelihood of Success in Deciding Whether to Bring a Bid Protest
In Arlton v. AeroVironment the Federal Circuit held that section 28 U.S.C. § 1498(a) supplies Government contractors with immunity from liability for patent infringement even if (1) the Government was obligated to award a...more
Procuring agencies enjoy considerable discretion when evaluating proposals, assigning strengths, and determining best value. In streamlined acquisitions, such as orders and blanket purchase agreements (BPAs) under the Federal...more
On January 12, 2026, the US Supreme Court denied Percipient.ai, Inc.’s petition for a writ of certiorari, ending a closely watched case that tested the boundaries of bid protest standing at the Court of Federal Claims. The...more
What is a contract claim? How do I handle an issue with the government’s administration of my contract? Who do I contact when a project falls behind schedule, but it wasn’t my fault? These are common and critical questions...more
The recent decision of the United States Court of Federal Claims in Kwong v. United States, No. 23-267 (Fed. Cl. Nov. 25, 2025), provides a potential tax refund opportunity for taxpayers who paid underpayment interest and/or...more
Recent reports and contractor experiences suggest that the U.S. Agency for International Development (USAID) has, in some instances, failed to timely pay contractors for work that has already been performed and accepted....more
Last week, the Supreme Court declined to review Percipient.ai, Inc. v. United States, 153 F.4th 1226 (Fed. Cir. 2025), a high‑profile Federal Circuit decision that limits who may bring a protest at the U.S. Court of Federal...more
On January 12, the U.S. Supreme Court denied Percipient.ai’s (Percipient) petition for certiorari, leaving in place an en banc Federal Circuit decision that restricts who qualifies as an “interested party” eligible to bring a...more
Congress has once again reshaped the protest landscape—this time with a narrow but consequential change targeted squarely at Department of Defense (DoD) procurements. The Fiscal Year 2026 National Defense Authorization Act...more
In 2025, 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 affecting jurisdiction and agency...more
A recent bid protest decision issued by the U.S. Court of Federal Claims (COFC) has affirmed that US federal agencies may not ignore applicable domestic sourcing laws and regulations when evaluating competitive offerors, even...more
In this month’s bid protest roundup, we consider recent decisions of the Government Accountability Office (GAO) and the Court of Federal Claims. The first decision considers an agency’s options for publicizing a solicitation...more
Enforcing foreign bank account reporting requirements through penalties has been an IRS priority for several years, spawning numerous precedent-setting cases throughout the courts. In the latest such case[1], a federal...more
On December 8, 2025, the U.S. House and Senate Armed Services Committees released the text of “the final negotiated language for” the National Defense Authorization Act (NDAA) for fiscal year 2026 (FY26). ...more
The US Court of Federal Claims’ (CFC) recent decision in Kwong v. United States, No. 23-267 (Fed. Cl. Nov. 25, 2025), provides significant support for the potential refund opportunity we identified in a previous blog post...more
Shortly after taking office in 2025, President Donald Trump directed the Pentagon to develop a missile defense shield for the United States. President Trump announced that the system would cost $175 billion and should be...more
The Trump Administration’s unprecedented terminations of federal contracts and grants have affected organizations seeking options and remedies. Universities, academic research institutions, federal contractors, and state and...more
This month’s bid protest spotlight features one decision from the U.S. Court of Federal Claims and two decisions from the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA). In CS 321 East 2nd...more
On February 4, 2022, then President Biden issued Executive Order 14063 (“EO 14063”), which requires all contractors and subcontractors who engage in large Federal construction projects—i.e., projects that are estimated to...more
In 2025, the government has canceled or discontinued billions of dollars in federal grants. Entities seeking to challenge these terminations have faced uncertainty as to which forum is appropriate for such claims. A federal...more
In Active Deployment Systems, LLC v. United States, U.S. Court of Federal Claims, No. 25-968C (Oct. 30, 2025), Active Deployment Systems (ADS) challenged several aspects of the Department of Homeland Security’s (DHS) award of...more
Key Takeaways - The Court of Federal Claims confirmed that contractors cannot file a bid protest until an agency makes a final award....more
This month’s bid protest roundup highlights three recent decisions that address critical issues for federal contractors: the importance of contemporaneous documentation in proposal evaluations, the standards for overriding a...more
Bid protests are a critical tool for contractors seeking to challenge federal procurement actions. As federal agencies reduce procurement opportunities under the Trump Administration's U.S. Department of Government Efficiency...more