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 UnfoldingA 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
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 PleadingGovernment Makes Initial Awards in ‘Golden Dome’ SHIELD Procurement: Flexible Contract Structure Creates a Complex Bid Protest Landscape
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 LandscapeShould 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 Decades