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 LandscapeCourt of Federal Claims
Should I Appeal My Terminated Grants in District Court or the Court of Federal Claims?
In 2025, the government has canceled or discontinued billions of dollars in federal grants. Entities seeking to challenge these terminations have faced uncertainty as to which forum is appropriate for…
Continue Reading Should I Appeal My Terminated Grants in District Court or the Court of Federal Claims?Bid Protests, Disputes, and Federal Contract Delays During the Government Shutdown
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
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 TollingAmid Uncertainty, Government Contractors Should Document, Notify, and Escalate Claims
Government contractors working for the Department of Education (DE), the United States Agency for International Development (USAID), and other agencies like the National Science Foundation (NSF) and Consumer Financial Protection…
Continue Reading Amid Uncertainty, Government Contractors Should Document, Notify, and Escalate Claims
Late is Late Update: eSimplicity Upheld
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…
Continue Reading Late is Late Update: eSimplicity UpheldGAO Report: Most Protesters Receive Relief
“What are my chances?” This is the most common question clients ask when considering whether to protest. GAO’s Annual Report to Congress shows that the “effectiveness” rate of protests is…
Continue Reading GAO Report: Most Protesters Receive ReliefCOFC Says GAO has been wrong on Photocopied Bid Bond Signatures for Decades
Late last year, the Court of Federal Claims (“COFC”) contradicted long-standing Government Accountability Office (“GAO”) precedent on the acceptability of photocopied signatures on bid bonds finding that the Government’s reliance…
Continue Reading COFC Says GAO has been wrong on Photocopied Bid Bond Signatures for DecadesCan the Government Ignore Red Flags of Set-Aside Fraud?
The Federal Government is committed to developing its relationship with small and disadvantaged businesses through set-aside contracts that incentivize and protect these companies from competing with large, established competitors. But…
Continue Reading Can the Government Ignore Red Flags of Set-Aside Fraud?CDA Claim Series Wrap Up: Best Practices for Government Contactors
This is the eighth (and last) of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to…
Continue Reading CDA Claim Series Wrap Up: Best Practices for Government Contactors