When does a bidder’s failure to acknowledge an amendment to an Invitation for Bids (IFB) render the bidder nonresponsive? Generally, the FAR requires bidders to acknowledge receipt of material amendments
Continue Reading Acknowledging Amendments: When Is an Amendment Material to an Invitation for Bids?Bid Protests
A Recent Federal Circuit Case Highlights the Perils of Not Intervening in a Bid Protest and Raises Issues Caused by a Party’s Failure To File a Redacted Pleading
By Luke Levasseur, Evan Williams & David O'Neill on
A federal contractor whose contract award is challenged in a bid protest often faces a dilemma: whether to intervene and participate in the litigation. Intervention generally requires an awardee to…
Continue Reading A Recent Federal Circuit Case Highlights the Perils of Not Intervening in a Bid Protest and Raises Issues Caused by a Party’s Failure To File a Redacted PleadingFAR Part 13: Can I Wait to Protest When the Agency Tells Me a Debriefing Will Be Provided?
By Evan Williams & Jacob Green on
The Government Accountability Office’s (GAO) timeliness rules are generally straightforward. But as a recent GAO decision shows, agency statements to disappointed offerors can sometimes blur application of the rules—often to…
Continue Reading FAR Part 13: Can I Wait to Protest When the Agency Tells Me a Debriefing Will Be Provided?U.S. Government Accountability Office’s Fiscal Year 2025 Bid Protest Report to Congress: Protest Filings Fell While the Overall Effectiveness Rate Stayed Above 50%
By Evan Williams, Luke Levasseur & Jane Han on
As required by the Competition in Contracting Act (CICA), the U.S. Government Accountability Office (GAO) recently published its Annual Bid Protest Report to Congress for Fiscal Year (FY) 2025.[1]…
Continue Reading U.S. Government Accountability Office’s Fiscal Year 2025 Bid Protest Report to Congress: Protest Filings Fell While the Overall Effectiveness Rate Stayed Above 50%Government Makes Initial Awards in ‘Golden Dome’ SHIELD Procurement: Flexible Contract Structure Creates a Complex Bid Protest Landscape
By Evan Williams & Luke Levasseur on
Shortly after taking office in 2025, President Donald Trump directed the Pentagon to develop a missile defense shield for the United States. President Trump announced that the system would cost…
Continue Reading Government Makes Initial Awards in ‘Golden Dome’ SHIELD Procurement: Flexible Contract Structure Creates a Complex Bid Protest LandscapeHow to Prepare for the End of the Government Shutdown
On the evening of November 9, the U.S. Senate agreed to a deal aimed at ending the government shutdown. The deal is the first step toward reopening the federal government…
Continue Reading How to Prepare for the End of the Government ShutdownBid Protests, Disputes, and Federal Contract Delays During the Government Shutdown
By Keeley McCarty, Evan Williams & David O'Neill on
The federal government shut down on October 1 after annual appropriations lapsed. Pursuant to the Antideficiency Act, agencies may not incur obligations or expend funds without an enacted appropriation unless…
Continue Reading Bid Protests, Disputes, and Federal Contract Delays During the Government ShutdownCICA Stay Preserved: COFC Rules in Favor of Protester, Applies Equitable Tolling
By Nicholas T. Solosky & Evan Williams on
The Competition in Contracting Act (CICA) of 1984 establishes a procedure that effectively pauses performance of a federal contract award during a bid protest.
If a disappointed bidder files a…
Continue Reading CICA Stay Preserved: COFC Rules in Favor of Protester, Applies Equitable TollingOCIs: Recent GAO Decision Provides Insight on How to Successfully Challenge an Agency’s Investigation of Organizational Conflicts of Interest
By Evan Williams & Luke Levasseur on
The Federal Acquisition Regulation (FAR) generally requires contracting officials to identify and evaluate organizational conflicts of Interest (OCIs) as early as possible in a procurement. The FAR also requires the…
Continue Reading OCIs: Recent GAO Decision Provides Insight on How to Successfully Challenge an Agency’s Investigation of Organizational Conflicts of InterestGAO Holds that Enhanced Debriefing Timing Regulations Control Over Agency Instructions
By Nicholas T. Solosky & Evan Williams on
Timing is everything when it comes to bid protests at GAO.
There is a mountain of GAO case law dismissing untimely protests. Contractors must strictly follow GAO’s regulations to avoid…
Continue Reading GAO Holds that Enhanced Debriefing Timing Regulations Control Over Agency Instructions