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
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 RequirementA 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 PleadingWhat to Know About the Department of Defense’s Review of 8(a) and Small Business Awards
The Department of Defense (DoD) issued a memorandum on January 16, 2026 to announce a two‑stage review of small business set‑aside and 8(a) contract awards over $20 million for possible
Continue Reading What to Know About the Department of Defense’s Review of 8(a) and Small Business AwardsBid 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 ShutdownFinal CMMC Rule Effective Nov 10, 2025: What Federal Contractors Need to Know
On September 9, 2025, the Department of Defense (DOD) released its long-anticipated final rule implementing the Cybersecurity Maturity Model Certification (CMMC) program. As discussed previously, this rule marks a
Continue Reading Final CMMC Rule Effective Nov 10, 2025: What Federal Contractors Need to KnowSupreme Court Broadly Interprets Wire Fraud Liability
On May 22, 2025, the Supreme Court held that a defendant could be convicted of federal wire fraud pursuant to 18 USC § 1343 even when the fraud did not
Continue Reading Supreme Court Broadly Interprets Wire Fraud LiabilityBid Protest Insights – Understanding Price Realism in Compensation Plans
Price realism challenges stand out as a common basis for bid protests in federal procurements.
A competitor’s unrealistically low pricing may signal a lack of understanding or commitment to contract
Continue Reading Bid Protest Insights – Understanding Price Realism in Compensation Plans
DOJ Announces New Civil Rights Fraud Initiative Targeting DEI
Deputy Attorney General Todd Blanche issued a memo on May 19, 2025, announcing the DOJ’s establishment of the Civil Rights Fraud Initiative. The initiative will “utilize the False Claims Act
Continue Reading DOJ Announces New Civil Rights Fraud Initiative Targeting DEI