Contractors tracking the government’s growing reliance on Blanket Purchase Agreements (BPAs) and the rollout of the Revolutionary Federal Acquisition Regulation Overhaul (RFO) should take note of Government Accountability Office (GAO)
Continue Reading RFO Consolidation Limitations Do Not Apply to BPAs, Says GAOBid Protests
Late Is Late—Even When a Government Firewall Captures Your Proposal
By Evan Williams, Luke Levasseur & Nick Feldstern on
In Rick Aviation, Inc. v. United States, the Court of Federal Claims (COFC) tackled a novel application of the Federal Acquisition Regulation (FAR) “late is late” rule. The question…
Continue Reading Late Is Late—Even When a Government Firewall Captures Your ProposalFederal Circuit’s Decision Provides Clear Warning for Non-Intervening Awardees to Protect Their Rights
By Luke Levasseur, Evan Williams & David O'Neill on
A recent decision by the Court of Appeals for the Federal Circuit provides clear guidance for contract awardees: violations of redaction requirements by protesters or other parties will not save…
Continue Reading Federal Circuit’s Decision Provides Clear Warning for Non-Intervening Awardees to Protect Their RightsNo Harm, No Foul: GAO Reminds Protesters that Competitive Prejudice Must Be Shown When the Agency Waives a Material Solicitation Requirement
By Evan Williams, Luke Levasseur & David O'Neill on
In J&J Maintenance, Inc., B-423821.2; B-423821.3 (April 20, 2026), the Government Accountability Office (“GAO”) issued a decision that provides a helpful reminder for government contractors pursuing bid protests.
Continue Reading No Harm, No Foul: GAO Reminds Protesters that Competitive Prejudice Must Be Shown When the Agency Waives a Material Solicitation RequirementChallenging a CICA Stay Override? The Federal Circuit Confirms You Don’t Need to Prove Irreparable Harm
By Evan Williams & Jane Han on
In Life Science Logistics, LLC v. United States,[1] the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed that a disappointed bidder challenging an agency’s override…
Continue Reading Challenging a CICA Stay Override? The Federal Circuit Confirms You Don’t Need to Prove Irreparable HarmProtecting Protest Rights When a Procurement Scandal Is Unfolding
By Luke Levasseur, Evan Williams & Reggie Jones on
New revelations are emerging almost daily regarding procurement irregularities during the last 14 months at the highest levels of the Department of Homeland Security (DHS). Among other things, former Secretary…
Continue Reading Protecting Protest Rights When a Procurement Scandal Is UnfoldingAcknowledging Amendments: When Is an Amendment Material to an Invitation for Bids?
By Evan Williams & Nick Feldstern on
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?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%