Timing is everything when it comes to bid protests at GAO.
There is a mountain of GAO case law dismissing untimely protests. Contractors must strictly follow GAO’s regulations to avoid that fate and obtain a Competition...more
6/24/2025
/ Bid Protests ,
CICA ,
Contract Disputes ,
Debriefing ,
DFARS ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Filing Deadlines ,
GAO ,
Government Agencies ,
Regulatory Authority ,
Statutory Interpretation
Federal construction contracts often involve unforeseen delays. The key question is who is responsible for the resulting costs.
A new decision from the ASBCA provides a blueprint for how contractors can maximize recovery...more
6/16/2025
/ Appeals ,
Construction Contracts ,
Construction Disputes ,
Construction Litigation ,
Contract Disputes ,
Contract Terms ,
Contractors ,
Dispute Resolution ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies
Federal contractors understandably associate litigation at the Court of Federal Claims (COFC) with recovering monetary damages. Appealing denied claims to the COFC (along with the Boards of Contract Appeals) is the exclusive...more
6/9/2025
/ Appeals ,
Breach of Contract ,
COFC ,
Contract Disputes ,
Contract Disputes Act ,
Court of Federal Claims ,
CPARS ,
Declaratory Judgments ,
Declaratory Relief ,
Dispute Resolution ,
Federal Contractors ,
Government Agencies ,
Litigation Strategies
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 performance. Price...more
5/28/2025
/ Bid Protests ,
Compensation ,
Contract Disputes ,
Contract Terms ,
Department of Defense (DOD) ,
Employees ,
Employment Contract ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
GAO ,
Government Agencies
Federal contractors need to be proactive about detecting and neutralizing or mitigating Organizational Conflicts of Interest (OCI).
The FAR’s OCI provisions (currently found at FAR Subpart 9.5) promote the fairness and...more
In what is sure to be an on-going series, we have the latest update regarding the FAR 2.0 rollout.
Releasing the First Rollout-
On May 2, 2025, the FAR Council released substantive rewrites of FAR Parts 1 (Federal...more
GAO just sharpened the distinction between winning and losing protest arguments related to key project personnel. The issue turns on the question of whether the winning proposal included “material misrepresentations” – and...more
The federal procurement landscape continues to shift and transform.
Two recent executive orders push the government contracting community further towards the plan for a comprehensive update of the Federal Acquisition...more