Navigating Bid Protest Choices at GAO and COFC
Recent Bid Protest Decisions Reshape Strategies for Future Government Contractor Success
5 W’s of Bid Protests: The Who, What, When, Where, and Why
Podcast Series: Commercial Businesses New to Government Contracting: Mitigating Protests and Disputes in Government Contracts
Thawing From the Freeze: Significant Developments in Government Contracts from 2021-2022
2021 Bid Protest Decisions with Far-Reaching Impacts for Government Contractors
Bid Protest: LPTAs - Are They Still Okay? - Webinar
Podcast: Discussing Government Procurement with Karen Walker and Tiffany Roddenberry
Preparing for Post-Award Debriefings
Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks
Missteps in the Bid Protest Process: War Stories from the Trenches
Government Contracting Phase One: Transitioning From Commercial to Government Work
Common Issues in Government Procurement and Contracting with John Edwards and William Stowe
GovCon Perspectives Podcast Episode 24: Effective Use of “Open and Frank” Discussions in Bid Protests
CPARS From A to Z
Award Protests: Choosing the Forum
How to Assess the Likelihood of Success in Deciding Whether to Bring a Bid Protest
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
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 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
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
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
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
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
This article is part of a monthly column that provides takeaways from recent bid protest cases. In this installment, we highlight decisions from the U.S. Court of Appeals for the Federal Circuit, the U.S. Government...more
Claims Updates - Adapt Consulting, LLC v. General Services Administration, CBCA 7213, 7393 (July 22, 2024) - The Civilian Board of Contract Appeals sustained a contractor’s appeal of its termination for default for the...more
Claims Update - CLogic LLC v. United States, No. 23-6 L, Fed. Cl. (March 21, 2024) The Court of Federal Claims issued what appears to be its first opinion involving a performance dispute under a DoD prototype Other...more
On December 21, the Government Accountability Office (GAO) dismissed a protest by ELS, an unsuccessful bidder on a Department of Defense (DOD) task order opportunity, concluding that it did not have jurisdiction to consider...more
As in prior years, the upcoming end of the federal fiscal year will be marked by a flurry of contract and task order awards, as federal agencies busily obligate remaining fiscal year 2023 appropriated funds while still...more
In January, the OMB implemented the following new policies designed to strengthen the federal contracting system. On January 10, 2023, the OMB issued a memorandum on the subject of Strengthening Support for Federal...more
The U.S. Government Accountability Office issued its annual bid protest report on Nov. 1. This year's report is noteworthy because it shows that protesters received some form of relief from the procuring agency in more...more
The Government Accountability Office (GAO) recently issued its annual bid protest report. As discussed below, this year’s report is noteworthy for multiple reasons, including that it shows that protesters received some form...more
There has been significant uncertainty as to where a company can protest an Other Transaction (“OT”) award. As we previously reported, cases such as SpaceX, MD Helicopter, and Kinemetrics have provided useful data points. The...more
This month’s bid protest roundup focuses on two recent decisions by the U.S. Government Accountability Office (GAO) and one decision from the U.S. Court of Federal Claims (“Court”). ...more
For the second time in recent weeks, the Court of Federal Claims issued a ruling that broke from U.S. Government Accountability Office precedent. In IAP Worldwide Services Inc. v. U.S., Judge Matthew H. Solomson faulted the...more
The U.S. Department of Defense (DOD) has just locked in its Enhanced Postaward Debriefing procedures, making it easier for contractors to understand the source selection and contract award process and make informed bid...more
This month’s Law360 Bid Protest Roundup examines three recent decisions from the U.S. Court of Federal Claims. The first two cases highlight splits between the court and the Government Accountability Office related to...more
Last week the Army awarded Microsoft the Integrated Visual Augmentation System (IVAS) contract, a potentially $21 billion undertaking by the Army to develop next-generation night vision and “situational awareness...more
Disappointed government contractors and their legal counsel weigh the benefits of filing bid protests at the Government Accountability Office (GAO) versus the Court of Federal Claims (COFC). One of the key benefits to filing...more
The Court of Appeals for the Federal Circuit has issued a precedential decision in NIKA Technologies, Inc. v. United States, reversing a decision by the Court of Federal Claims on the timelines for securing a stay of contract...more
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
Relying upon the cryptic answers provided by a Magic 8-Ball when deciding to file a protest at the United States Court of Federal Claims (COFC) may sound farcical, but a recent decision by a split panel of the United States...more