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 RightsEvan Williams
No 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 RequirementChallenging a CICA Stay Override? The Federal Circuit Confirms You Don’t Need to Prove Irreparable Harm
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 HarmSBIR/STTR Program Reauthorized Through 2031: What Small Business Contractors Need to Know
On April 13th, 2026, President Trump signed the Small Business Innovation and Economic Security Act, which amends the Small Business Act (15 U.S.C. ch. 14A). The Act reauthorizes the Small…
Continue Reading SBIR/STTR Program Reauthorized Through 2031: What Small Business Contractors Need to KnowProtecting Protest Rights When a Procurement Scandal Is Unfolding
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 UnfoldingWhat GSA’s New Draft AI Procurement Clause Could Mean for Your GSA Schedule Contract
On March 6, 2026, the General Services Administration (“GSA”) published a draft contract clause, GSAR 552.239-7001, “Basic Safeguarding of Artificial Intelligence Systems,” that would establish binding requirements for contractors…
Continue Reading What GSA’s New Draft AI Procurement Clause Could Mean for Your GSA Schedule ContractAcknowledging Amendments: When Is an Amendment Material to an Invitation for Bids?
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
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?
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%
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%