GAO’s bid protest timeliness rules are strict. Even a strong protest can be dismissed if it is not filed within the deadline established by GAO regulations. In certain procurements, required
Continue Reading The Protest Clock May Start Sooner Than You Think in a FAR 8.4 Procurement: GAO Dismisses Untimely FSS Protest in Hendall Inc.Evan Williams
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RFO Consolidation Limitations Do Not Apply to BPAs, Says GAO
By Evan Williams, Keeley McCarty & Jane Han on
Contractors tracking the government’s growing reliance on Blanket Purchase Agreements (BPAs) and the rollout of the Revolutionary Federal Acquisition Regulation Overhaul (RFO) should take note of Government Accountability Office (GAO)…
Continue Reading RFO Consolidation Limitations Do Not Apply to BPAs, Says GAOLate Is Late—Even When a Government Firewall Captures Your Proposal
By Evan Williams, Luke Levasseur & Nick Feldstern on
In Rick Aviation, Inc. v. United States, the Court of Federal Claims (COFC) tackled a novel application of the Federal Acquisition Regulation (FAR) “late is late” rule. The question…
Continue Reading Late Is Late—Even When a Government Firewall Captures Your ProposalFederal Circuit’s Decision Provides Clear Warning for Non-Intervening Awardees to Protect Their Rights
By Luke Levasseur, Evan Williams & David O'Neill on
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
By Evan Williams, Luke Levasseur & David O'Neill on
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
By Evan Williams & Jane Han on
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
By Evan Williams, Fox Rothschild & Jaeho Lee on
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
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 UnfoldingWhat GSA’s New Draft AI Procurement Clause Could Mean for Your GSA Schedule Contract
By Evan Williams & Jaeho Lee on
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?
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?