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National Defense Authorization Act › Bid Protests › Government Accountability Office

The National Defense Authorization Act is a United States federal statute enacted each year to specify the budget and expenditures of the Department of Defense. The NDAA identifies which agencies are responsible... more +
The National Defense Authorization Act is a United States federal statute enacted each year to specify the budget and expenditures of the Department of Defense. The NDAA identifies which agencies are responsible for national defense, provides funding for those agencies and includes instructions on proper use of the funds.  less -
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

Sheppard Mullin Richter & Hampton LLP

FY2025 NDAA Increases the Threshold for DoD Task Order Protests and Asks GAO and DoD to Explore Changes to Bid Protest Process

Sheppard Mullin Richter & Hampton LLP on

In the Fiscal Year 2025 National Defense Authorization Act (“FY25 NDAA”), Congress included some important provisions related to the bid protest process at the U.S. Government Accountability Office (“GAO”). These provisions...more

Morrison & Foerster LLP - Government...

FY25 NDAA: Promoting Nontraditional Acquisition While Securing the Supply Chain, and More

Morrison & Foerster LLP - Government... on

On December 23, 2024, President Biden signed into law the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2025. The annual bill authorizes spending for the Department of Defense (DOD) while setting other...more

Miles & Stockbridge P.C.

What Government Contractors Need to Know about the NDAA for FY25

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President Joe Biden signed into law last week the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (NDAA). ...more

Morrison & Foerster LLP - Government...

Less Oversight and Undefined Penalties: The NDAA’s Proposed Protest Reforms

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Buried in Section 885 of the current draft of the National Defense Authorization Action (NDAA) for Fiscal Year 2025 is a new attempt to figure out how to make unsuccessful bid protesters pay. As of this posting, the NDAA has...more

PilieroMazza PLLC

FY25 NDAA Update: Potential Costly Changes Ahead for Bid Protests

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The Senate approved the Fiscal Year 2025 National Defense Authorization Act (FY25 NDAA) on December 18, 2024. The bill is now on its way to the President’s desk for signature. Of particular note to federal defense contractors...more

Wiley Rein LLP

NDAA Provisions Impacting Government Contractors and Their Supply Chains

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On December 18, 2024, the Senate passed the National Defense Authorization Act for Fiscal Year 2025 (NDAA), which the House of Representatives passed the previous week. President Biden is expected to sign the bill into law...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

Venable LLP

Congressional, Executive, and Legal Developments for Government Contractors to Consider - January 2024

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Each month, Venable's Government Contracts Group publishes a summary of recent policy and legal developments of interest to the government contractor community. The federal government took several noteworthy actions in the...more

Holland & Hart LLP

Key Provisions in the House's 2024 NDAA Impacting Federal Contractors

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On June 30, 2023, the United States House of Representatives passed its version of the National Defense Authorization Act for the Fiscal Year 2024, H.R. 2670 (Rep. No. 118-125) (the “NDAA”)....more

Venable LLP

Congressional, Executive, and Legal Developments for Government Contractors to Consider

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Each month, Venable's Government Contracts Group publishes a summary of recent legal developments of interest to the government contractor community. Regulatory Updates - The FAR Council has proposed to amend the FAR...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – December 2022

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GOVERNMENT CONTRACTS - 2022 GAO Bid Protest Annual Report: Key Takeaways for Government Contractors - The Government Accountability Office (GAO) recently released its 2022 Bid Protest Annual Report (Report), which...more

Sheppard Mullin Richter & Hampton LLP

The Impact of DOD’s Enhanced Debriefings Rule on Bid Protest Timeliness

Sheppard Mullin Richter & Hampton LLP on

On March 18, 2022, the Department of Defense (“DOD”) issued its long-awaited Final Rule implementing Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (“NDAA FY 2018”), and formally codifying defense...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

Holland & Knight LLP

GAO Clarifies Stance on Joint Ventures and Facility Clearances

Holland & Knight LLP on

In a bid protest decision released on Aug. 27, 2021, the Government Accountability Office (GAO) has resolved a long-simmering question regarding joint ventures and facility clearances. Specifically, in InfoPoint, LLC,...more

McCarter & English Blog: Government Contracts...

DoD Issues Proposed Rule On Enhanced Post-Award Debriefing Rights

McCarter & English Blog: Government Contracts... on

As you may recall, Section 818 of the National Defense Authorization Act for Fiscal Year 2018 (FY 2018 NDAA required the US Department of Defense (DoD) to draft regulations to establish comprehensive post-award debriefing...more

Husch Blackwell LLP

When Must You Protest To Get An Automatic Stay After An Enhanced Debriefing?

Husch Blackwell LLP on

The automatic stay of award is one of the key elements of a bid protest under the Competition in Contracting Act. The CICA stay is only available when a protest is filed no later than ten days after contract award or no later...more

Bradley Arant Boult Cummings LLP

Enhanced Debriefing End Date Still Unresolved: DOJ Seeks to Overturn “NIKA Technologies”

Bradley Arant Boult Cummings LLP on

A few months ago, we wrote about how the U.S. Court of Federal Claims (COFC) had defined when the protest clock starts running for a stay of contract performance pending a bid protest if the Department of  Defense’s (DOD)...more

WilmerHale

GAO Bid Protest

WilmerHale on

On September 24, 2020, the Government Accountability Office (GAO) sustained a protest brought by Teledyne Brown Engineering Inc. (Teledyne) against the $651.6 million National Aeronautics and Space Administration (NASA)...more

WilmerHale

NASA Contract Termination Presents Key Bid Protest Lessons

WilmerHale on

In an important decision addressing the burden of proof in procurement integrity cases, the U.S. Government Accountability Office recently sustained a protest brought by Teledyne Brown Engineering Inc. against the $651.6...more

Holland & Knight LLP

December 2019 Bid Protest Roundup

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In this post, we briefly summarize three of the key bid protest decisions published in November 2019....more

PilieroMazza PLLC

Weekly Update Newsletter - December 2019

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Client Alert: SBA to Enact Significant Changes to Small Business Regulations Before 2020: Everything You Need to Know - On November 29, 2019, the U.S. Small Business Administration (SBA) issued a final rule that will...more

Holland & Knight LLP

Annual GAO Report Says Bid Protest Activity Down in 2019, but Protestor "Effectiveness Rate" Remains Steady

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On November 5, 2019, the U.S. Government Accountability Office (GAO) issued its annual Bid Protest Report to Congress for Fiscal Year 2019.  The annual report is a requirement of the Competition in Contracting Act and is an...more

PilieroMazza PLLC

2019 GAO Bid Protest Annual Report: Number of Protests Filed Drops by 16%

PilieroMazza PLLC on

GAO recently issued its annual report to Congress, which provides data concerning protest filings for Fiscal Year (FY) 2019. GAO’s annual report confirms a sharp decrease in the number of protests filed. Notably, 2,198...more

Perkins Coie

The FY 2020 National Defense Authorization Act: What Government Contractors Should Watch For

Perkins Coie on

Congress is moving closer toward passage of the Fiscal Year 2020 National Defense Authorization Act (NDAA). Although key differences remain between the House and Senate versions of the bill, the legislation is ultimately...more

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