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Government Accountability Office Bid Protests

Nossaman LLP

GAO’s 2024 Bid Protest Annual Report: Prevalent Reasons for Sustained Bid Protests and How to Avoid Them

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The Government Accountability Office’s (GAO) fiscal year 2024 report on federal bid protests includes useful insights into federal procurement trends that can help state and local government agencies mitigate bid protest...more

Blank Rome LLP

GAO Rejects Notion of a Pre-FPR “Continuous Registration Requirement” for SAM

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The last week saw GAO sustain two protests that should put the nail in the SAM “continuous registration” coffin. The Federal Acquisition Regulatory (“FAR”) Council recently revised the standard System for Award Management...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Certification, Lateness, SBA Eligibility

This month’s bid protest roundup highlights one decision from the U.S. Court of Appeals for the Federal Circuit, addressing a proposal timely submitted but received late, and two decisions from the U.S. Government...more

McCarter & English Blog: Government Contracts...

What Happens When Uncle Sam Doesn’t Understand SAM? The Case of the Lucky Protester . . .

On January 8, 2025, in UNICA-BPA JV, LLC, the U.S. Government Accountability Office (GAO) sustained a protester’s challenge to its elimination from the competition for failing to have an active System for Award Management...more

Bass, Berry & Sims PLC

Bid Protest Minute: GAO Decision Clarifies SAM Registration Rule

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On January 8, the Government Accountability Office (GAO) sustained a pre-award bid protest filed by Bass, Berry & Sims PLC (Bass Berry), which challenged the Federal Law Enforcement Training Centers’ (FLETC or the Agency)...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

Bass, Berry & Sims PLC

Bid Protest Minute: Bidders Beware – Clearly Stated Solicitation Requirements Control

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On November 15, the Government Accountability Office (GAO) denied a protest from AtVentures, LLC, a mentor-protégé joint venture, who challenged its exclusion from consideration for award on the basis that it was able to use...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

Fox Rothschild LLP

Late is Late Update: eSimplicity Upheld

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The Federal Circuit just dismissed the Government’s “Late is Late” appeal on Dec. 16th as moot, preserving the split between the Court of Federal Claims (COFC) and the Government Accountability Office (GAO) on the issue of...more

PilieroMazza PLLC

But My Affiliates ARE Me! GAO Rules Agencies May Limit Use of Affiliate Experience and Past Performance

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On November 15, 2024, the Government Accountability Office (GAO) denied a protest where a mentor-protégé joint venture offeror attempted to use the past experience of a wholly owned subsidiary of the protégé member to satisfy...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

Bass, Berry & Sims PLC

Bid Protest Minute: COs Must Account for Corporate Restructuring When Assessing Qualifications

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On November 13, the Government Accountability Office (GAO) sustained a protest by DecisionPoint Corporation concluding that when the Air Force determined EmeSec, a wholly owned subsidiary of DecisionPoint, was ineligible for...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Standing, Relationships, Responsibility

This month’s Law360 Bid Protest Roundup focuses on two Government Accountability Office (“GAO”) decisions and one Court of Federal Claims (“COFC”) decision. From COFC jurisdiction and standing, to meaningful relationship...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

McGuireWoods LLP

GAO Rules Air Force Contractor Can Meet Certification Requirements via Merger

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On Nov. 13, 2024, the U.S. Government Accountability Office (GAO) sustained a protest by DecisionPoint Corp. finding that the U.S. Department of the Air Force improperly rejected DecisionPoint’s proposal for an $83 million...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – December 2024

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Corporate Transparency Act, Part 4: Reporting Requirements Temporarily Suspended - As you may have been following, PilieroMazza previously reported on the requirements of the Corporate Transparency Act (CTA) and the...more

Holland & Knight LLP

GAO Annual Report FY 2024: A Return to Business as Usual

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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

Holland & Hart LLP

All in a Fiscal Year's Work – GAO's 2024 Annual Report

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On November 14, 2024, the Government Accountability Office ("GAO") released its Bid Protest Annual Report to Congress for FY2024. The Annual Report reflects an eleven percent decrease in the number of protests filed and a...more

Blank Rome LLP

Fiscal Year 2024 GAO Protest Statistics: Course Correction from Fiscal Year 2023 Shows Continued Slow Decline in GAO Protests

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The Government Accountability Office (“GAO”) released its Annual Report to Congress for Fiscal Year 2024 (B-158766), summarizing bid protest activity during the 2024 fiscal year. The FY24 bid protest statistics reflect a...more

PilieroMazza PLLC

Should You Protest? Takeaways for Government Contractors from GAO’s 2024 Bid Protest Annual Report

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The Government Accountability Office (GAO) recently released its 2024 Bid Protest Annual Report (Report), providing statistics on protests, cost claims, and requests for reconsideration at GAO this year. In this blog,...more

Pillsbury Winthrop Shaw Pittman LLP

Government Accountability Office Fiscal Year 2024 Bid Protest Statistics Return to Normal

The number of protests filed at the Government Accountability Office (GAO) decreased in FY 2024 by 11 percent, after increasing 22 percent in FY 2023. The GAO’s sustain rate of 16 percent in FY 2024 fell from 31 percent...more

Jenner & Block

Client Alert: Government Contractors Get Relief in More Than Half of GAO Bid Protests

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On November 14, 2024, the Government Accountability Office (GAO) released its Bid Protest Annual Report to Congress for Fiscal Year 2024. The statutorily mandated report contains an array of information about GAO’s bid...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Unclear Criteria, Data Rights, Conflicts

This month’s Bid Protest Roundup highlights three recent protests: one from the U.S. Government Accountability Office and two from the Court of Federal Claims. The first protest concerns an agency using unstated evaluation...more

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