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 RequirementGovernment Accountability Office
Protecting 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?FAR 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
By Evan Williams, Fox Rothschild & Nick Feldstern on
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 Fox Rothschild & 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 Interest