News & Analysis as of

Bid Protests Department of Defense (DOD)

Corrective Action Doesn’t Mean a Do-Over: GAO Okays Narrow Scope of Proposal Revisions

The Mission Essential Group, LLC (MEG) protested the scope of corrective action by U.S. Special Operations Command (SOCOM) following a previous protest involving a linguist support services procurement. In The Mission...more

SAM Error? You’re Out—Court of Federal Claims Slams the Door on Proposal Slipups

In Analysis, Studies, and Training International, LLC, et al. v. United States, U.S. Court of Federal Claims, Nos. 24-1720 & 25-76 (Consolidated) (April 14, 2025)​, two offerors were excluded from an Air Force procurement for...more

Goodwin

Major Federal Procurement Changes Coming in Light of Recent Executive Orders

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The Trump administration has issued two Executive Orders very recently that will drive changes in federal procurement and defense procurement and impact federal contractors in the very near future. The Executive Orders are...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – April 2025 #3

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The Rise of OTA in Defense Contracting, Part 1: Defense Acquisition Reform - President Trump’s April 9, 2025, Executive Order Modernizing Defense Acquisitions and Spurring Innovation In the Defense Industrial Base (EO) is...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Instructions, Price Evaluation, Standing

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

Bradley Arant Boult Cummings LLP

Key Legal Issues Facing U.S. Government Contractors in 2025

As the regulatory environment continues to evolve in the new administration, U.S. government contractors are facing an increasingly complex array of legal challenges. Staying compliant and competitive requires close attention...more

Blank Rome LLP

All-Points Bulletin for Defense Contractors: If You’re 15% Behind Schedule or 15% Over Budget, You Need a Strategy

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On April 9, 2025, President Trump signed an Executive Order (“EO”) titled Modernizing Defense Acquisitions and Spurring Innovation in the Defense Industrial Base. This EO seeks to overhaul many aspects of defense acquisition...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

Bradley Arant Boult Cummings LLP

GAO Sustains Protest Over Agency’s Failure to Conduct Price Risk Analysis Under DFARS 252.204-7024

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

Holland & Knight LLP

Court of Federal Claims Deems Itself "De Facto Forum" for Other Transaction Agreement Protests

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In a decision published on Feb. 24, 2025, Judge Armando Bonilla of the U.S. Court of Federal Claims (COFC or Court) weighed in on the ongoing debate about jurisdiction over protests of other transaction agreements (OTAs). The...more

Bass, Berry & Sims PLC

Bid Protest Minute: Bidder’s Responsibility to Submit Well-Drafted Proposal

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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

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

Vedder Price

The United States Court of Federal Claims Issues Favorable Ruling on "Other Transaction" Authority Jurisdiction

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On February 24, 2025, Judge Armando Bonilla of the United States Court of Federal Claims (COFC) issued a decision holding that the COFC is the “de facto” forum for protests challenging agency actions in connection with their...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

Bass, Berry & Sims PLC

Bid Protest Minute: Understanding the Increased DoD/Coast Guard/NASA Task Order Protest Threshold

Generally speaking, the U.S. procurement system allows companies competing for U.S. government contracts broad rights to challenge contract awards, as well as the terms of solicitations. There are, however, restrictions...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

Jenner & Block

Client Alert: The Price of Silence: GAO Dismisses Protest Because the Protester’s Key Personnel Were Unavailable

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On December 30, 2024, the Government Accountability Office (GAO) dismissed a protest by Orion Government Services, Inc. (Orion) after determining that Orion lacked standing to protest because one of its proposed key personnel...more

Perkins Coie

The FY 2025 National Defense Authorization Act: What’s New for Defense Contractors

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The recently passed National Defense Authorization Act (NDAA or Act) for Fiscal Year 2025 addresses recurring areas of focus relevant to defense contracting, including supply chain risks related to China, organizational...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

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

PilieroMazza PLLC

FY2025 NDAA: Significant Impacts on Small and Large Defense Contractors

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The Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025 (FY2025 NDAA), signed into law on December 23, 2024, has significant implications for defense acquisition and...more

Blank Rome LLP

60-Second Sustains: The Mission Essential Group

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The Mission Essential Group - B-422698.2 - Mission Essential challenged a task order solicitation issued by the Air Force, alleging the lowest price, technically acceptable (“LPTA”) evaluation scheme violated DFARS...more

Morrison & Foerster LLP - Government...

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

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

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

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