2024-2025 Bid Protest Decisions with Far-Reaching Impacts for Government Contractors
Navigating Bid Protest Choices at GAO and COFC
DE Under 3: U.S. GAO Report on Military Spouse Employment Focused on Challenges of Part-Time Work
A Discussion with GAO General Counsel Edda Emmanuelli Perez
GovCon Perspectives Podcast Episode 24: Effective Use of “Open and Frank” Discussions in Bid Protests
Award Protests: Choosing the Forum
How to Assess the Likelihood of Success in Deciding Whether to Bring a Bid Protest
Price realism challenges stand out as a common basis for bid protests in federal procurements. A competitor’s unrealistically low pricing may signal a lack of understanding or commitment to contract performance. Price...more
On April 29, the Government Accountability Office (GAO) denied Davenergy-VCI JV, LLC’s protest of a solicitation’s cancellation, holding that the lack of available funding is sufficient grounds to cancel. In denying the...more
In A2A Integrated Logistics, Inc., B-423433, May 20, 2025, A2A Integrated Logistics protested a Department of Veterans Affairs (VA) contract award after learning that its proposal had been rejected due to a technical...more
Federal contractors need to be proactive about detecting and neutralizing or mitigating Organizational Conflicts of Interest (OCI). The FAR’s OCI provisions (currently found at FAR Subpart 9.5) promote the fairness and...more
On May 7, the Government Accountability Office (GAO) dismissed a protest challenging the terms of a solicitation for being unduly restrictive. The protest highlights three important considerations that contractors should...more
The U.S. Court of Federal Claims recently issued a significant opinion in Gemini Tech Servs., LLC v. United States, holding that the Army’s failure to follow required procedures under the Federal Acquisition Regulation (FAR)...more
In Davenergy-VCI JV, LLC, B-423332, April 29, 2025, Davenergy-VCI protested the cancellation by the Army Corps of Engineers (Corps) of a solicitation for architectural engineering construction management services for medical...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
This month’s bid protest roundup highlights three protest decisions released by the Government Accountability Office (GAO) and the Court of Appeals for the Federal Circuit (Federal Circuit) in March. The first discusses an...more
In light of the Department of Government Efficiency’s (DOGE) recent efforts to reduce the number of federal government contracts and purportedly streamline the procurement process, it has never been more critical for federal...more
Protest of: TISTA Science and Technology Corporation - B-422891.2; .3; .4 - TISTA challenged the issuance of a task order by the National Institutes of Health to Tantus Technologies, alleging the agency engaged in...more
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
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
The U.S. Government Accountability Office (GAO) 2024 Annual Report (Report) on bid protests provides a comprehensive overview of the trends, statistics and key issues in government procurement challenges over fiscal year (FY)...more
Claims Updates - Associated Energy Group, LLC v. The United States and Kropp Holdings, Inc., No. 23-20 47 (July 2, 2024) - Associated Energy Group, LLC (AEG) challenged the award by Defense Logistics Agency (DLA) for a...more
Federal Circuit Docket - Percipient.ai, Inc. v. United States, Fed. Cir. No. 2023-1970 (Jun. 7, 2024) - In a highly anticipated bid protest opinion, a divided merits panel of Federal Circuit judges reversed the Court of...more
Claims Updates - Yerington Paiute Tribe v. Department of the Interior, CBCA 7818-ISDA (February 1, 2024) The Civilian Board of Contract Appeals affirmed that the Contract Dispute Act’s (CDA) 90-day timeliness deadline...more
Claims Updates - Avue Technologies Corp. v. Department of Health & Human Services, No. 2022-1784 Fed. Cir. (March 6, 2024) The Federal Circuit issued its much-anticipated decision in a case that presented the question...more
In 2023, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued five bid protest decisions worthy of note: This article provides summaries and discusses how these cases might shape future bid...more
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
On October 26, the Government Accountability Office (GAO) sent its annual bid protest report to Congress, which reflected a dramatic increase in protests filed following four straight years of decline. The report provides...more
The U.S. Government Accountability Office's recently issued annual bid protest report is noteworthy because it shows that 31% of bid protests were sustained — more than double the rate for prior years— and that protesters...more
Last week, the U.S. Government Accountability Office ("GAO") published its much anticipated Bid Protest Annual Report to Congress for Fiscal Year 2023. GAO's annual report is required under the Competition in Contracting Act...more
Claims Cases Aries Construction Corp. v. United States, No.22-166C (February 21, 2023) - Court of Federal Claims Judge Schwartz issued an opinion discussing the relationship between the Contract Disputes Act (CDA) claim...more