Navigating Bid Protest Choices at GAO and COFC
DE Under 3: U.S. GAO Report on Military Spouse Employment Focused on Challenges of Part-Time Work
A Discussion with GAO General Counsel Edda Emmanuelli Perez
GovCon Perspectives Podcast Episode 24: Effective Use of “Open and Frank” Discussions in Bid Protests
Award Protests: Choosing the Forum
How to Assess the Likelihood of Success in Deciding Whether to Bring a Bid Protest
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
In its “GAO Bid Protest Annual Report to Congress for Fiscal Year 2024,” the Government Accountability Office (GAO) revealed the most common reasons bid protests were sustained this past year, including: (1) unreasonable...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 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
In 2024, the U.S. Court of Appeals for the Federal Circuit, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued five noteworthy bid protest decisions: - Percipient.ai Inc. v. U.S. - Oak...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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