News & Analysis as of

Acquisitions Bid Protests Federal Acquisition Regulations (FAR)

Morrison & Foerster LLP - Government...

GAO Reaffirms Agencies’ Discretion to Award Sole-Source SBIR Phase III Contracts (Even to a Successor-in-Interest)

The Small Business Innovation Research program (SBIR) is a successful initiative that increases the participation of small business concerns in federally funded research and development. Awards under Phases I and II of the...more

Pillsbury - Bid Protest Debrief

No Harm, No Foul: GAO Reaffirms That Prejudice Is Everything

In Kako’o Spectrum Healthcare Solutions, LLC, B-421127.5, et al., May 28, 2025, Kako’o Spectrum Healthcare Solutions (KSHS) protested the U.S. Marine Corps’ award to Cognito Systems, arguing that Cognito’s proposal exceeded...more

Bass, Berry & Sims PLC

SBA’s OHA Finds Initial Offer To Be Of Consequence, Not Final Proposal Revision, for the “180-Day Rule”

Bass, Berry & Sims PLC on

On February 19, the Office of Hearings and Appeals (OHA) denied an appeal from an unsuccessful bidder who argued the awardee was large due to an acquisition that occurred while the award was pending. OHA found that Small...more

Morrison & Foerster LLP - Government...

Less Oversight and Undefined Penalties: The NDAA’s Proposed Protest Reforms

Buried in Section 885 of the current draft of the National Defense Authorization Action (NDAA) for Fiscal Year 2025 is a new attempt to figure out how to make unsuccessful bid protesters pay. As of this posting, the NDAA has...more

Perkins Coie

The FY 2024 National Defense Authorization Act: What Government Contractors Should Know

Perkins Coie on

The Fiscal Year 2024 National Defense Authorization Act (NDAA) includes numerous provisions relevant to government contractors in areas such as artificial intelligence (AI), cybersecurity, supply chain concerns related to...more

PilieroMazza PLLC

Should You File Your Bid Protest Before GAO or COFC: For the Record, the Record Can Make All the Difference

PilieroMazza PLLC on

In a bid protest, the record of the actions that the contracting agency took during the procurement is of paramount importance. Regardless of whether a protester files its challenge with the Government Accountability Office...more

Pillsbury Winthrop Shaw Pittman LLP

Congress Commissions Study of Bid Protests Filed at Both the GAO and COFC

The FY 2019 NDAA requires DoD study multiple protest filings, and develop a plan for an expedited protest process for small contracts. Congress is concerned about the delays caused by bid protests that have been filed at...more

Pillsbury Winthrop Shaw Pittman LLP

Congressional RAND Study Refutes Common Misperceptions about DoD Bid Protests

A Congressionally mandated research study demonstrates that bid protests filed against Department of Defense (DoD) procurements do not unduly delay these acquisitions and are not frivolous. More than 99.7% of DoD contracts...more

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