News & Analysis as of

Federal Acquisition Regulations (FAR) Bid Protests

Mayer Brown

Recent US GAO Decision Reinforces that US COFC’s Decisions are Not Binding on GAO as a Bid Protest Forum

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On April 23, 2025, the Government Accountability Office (“GAO”) released a public decision dismissing a reconsideration request filed by 4K Global-ACC JC, LLC. The decision is noteworthy because in rejecting the request for...more

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

Court of Federal Claims Says Procurement Integrity Act Violation Doesn’t Doom Procurement

In a high-stakes procurement for medical services at the southern U.S. border, incumbent contractor Loyal Source challenged the handling by the U.S. Department of Homeland Security (DHS) of alleged Procurement Integrity Act...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

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

PilieroMazza PLLC

6 Effective Tactics to Help Government Contractors Overcome Unfavorable CPARS Evaluations

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In federal contracting, your reputation is currency, and few tools can shape that reputation more than the Contractor Performance Assessment Reporting System (CPARS). CPARS evaluations don’t just sit in a file, they’re pulled...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

Vedder Price

Recent Court of Federal Claims Decision Invoking Loper Bright Demonstrates Agency Discretion is Not Boundless

Vedder Price on

Practitioners and government contractors are well aware that federal agencies are afforded a great deal of discretion in making procurement-related decisions. A recent decision from the U.S. Court of Federal Claims (COFC),...more

Blank Rome LLP

FAR on the Chopping Block: Potential Impacts on Protests

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As those in the federal contracting community wait anxiously for rumored and hinted at changes to the Federal Acquisition Regulation (“FAR”), we are beginning to evaluate how certain of those changes might most impact our...more

Jenner & Block

Client Alert: Executive Order Aims to Consolidate GWACs at GSA

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In late March, the Trump Administration issued executive order “Eliminating Waste and Saving Taxpayer Dollars by Consolidating Procurement,” (“the EO”), which aims to consolidate “domestic Federal procurement” within the...more

Holland & Knight LLP

With Change Comes Opportunity: What Recent Intelligence Community Changes Mean for Contractors

Holland & Knight LLP on

As with other facets of government, the first 60 days of the Trump Administration have brought significant changes and reprioritization to the Intelligence Community (IC). With this change comes opportunity. This Holland &...more

Bass, Berry & Sims PLC

Small Business Size Protest Minute: The Ostensible Subcontractor Exception that (Almost) Swallowed the Rule

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As many of our readers know, the ostensible subcontractor rule is one way in which the Small Business Administration (SBA) can find affiliation between a small business and one of its subcontractors, potentially resulting in...more

Bass, Berry & Sims PLC

SBA’s OHA Finds Initial Offer To Be Of Consequence, Not Final Proposal Revision, for the “180-Day Rule”

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On February 19, the Office of Hearings and Appeals (OHA) denied an appeal from an unsuccessful bidder who argued the awardee was large due to an acquisition that occurred while the award was pending. OHA found that Small...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

Morrison & Foerster LLP - Government...

Bid Protest Roundup: Past Performance, Preliminary Injunctions, and Novel Regulatory Requirements

This month’s Bid Protest Roundup highlights two Court of Federal Claim decisions, addressing past performance and injunctive relief, and one by the U.S. Government Accountability Office (“GAO”), clarifying the applicability...more

Bradley Arant Boult Cummings LLP

The Importance of Bid Protests Amid DOGE’s Reduction Efforts

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

Blank Rome LLP

60-Second Sustains: TISTA Science and Technology Corporation

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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

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

Vedder Price on

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

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Registration, Substantiation, Experience

To kick off the new year, this bid protest spotlight highlights two U.S. Government Accountability Office decisions involving System for Award Management (SAM) registration requirements when submitting an “offer” and an...more

Bass, Berry & Sims PLC

Project Labor Agreements No Longer Mandated for Large Federal Construction Contracts

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On January 21, in MVL, Inc., et al. v. United States, the U.S. Court of Federal Claims (COFC) struck down a 2022 Executive Order (EO), as well as the implementing Federal Acquisition Regulation (FAR), signed by then-President...more

Holland & Knight LLP

What to Do in the Event of Federal Procurement Disruptions

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The Trump Administration is in the midst of reviewing prior administrations' spending priorities and federal government contracts and has begun announcing a variety of actions to suspend and/or terminate pending and awarded...more

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