2024-2025 Bid Protest Decisions with Far-Reaching Impacts for Government Contractors
Navigating Bid Protest Choices at GAO and COFC
Recent Bid Protest Decisions Reshape Strategies for Future Government Contractor Success
5 W’s of Bid Protests: The Who, What, When, Where, and Why
Podcast Series: Commercial Businesses New to Government Contracting: Mitigating Protests and Disputes in Government Contracts
Thawing From the Freeze: Significant Developments in Government Contracts from 2021-2022
2021 Bid Protest Decisions with Far-Reaching Impacts for Government Contractors
Bid Protest: LPTAs - Are They Still Okay? - Webinar
Podcast: Discussing Government Procurement with Karen Walker and Tiffany Roddenberry
Preparing for Post-Award Debriefings
Past Performance: How to Use Yours, Benefit from Others’, and Defend It from Attacks
Missteps in the Bid Protest Process: War Stories from the Trenches
Government Contracting Phase One: Transitioning From Commercial to Government Work
Common Issues in Government Procurement and Contracting with John Edwards and William Stowe
GovCon Perspectives Podcast Episode 24: Effective Use of “Open and Frank” Discussions in Bid Protests
CPARS From A to Z
Award Protests: Choosing the Forum
How to Assess the Likelihood of Success in Deciding Whether to Bring a Bid Protest
A comprehensive overview of recent significant decisions, regulatory changes, and essential updates for businesses contracting with federal and state governments. ...more
The Competition in Contracting Act (CICA) of 1984 establishes a procedure that effectively pauses performance of a federal contract award during a bid protest. If a disappointed bidder files a protest with the Government...more
One of the primary benefits of filing a protest with the Government Accountability Office (GAO) is that it automatically puts the awarded contracts on hold, stopping the agency from proceeding with performance. To reap the...more
In KL3, LLC v. United States, U.S. Court of Federal Claims, No. 24-2028 (June 2, 2025, reissued June 12, 2025), KL3 challenged the Department of Defense’s award of two sole-source contracts under the SBA’s 8(a) program,...more
This month’s bid protest spotlight features a trifecta of decisions from the U.S. Court of Federal Claims. In MVL USA Inc. v. United States, a consolidated bid protest involving seven protesters, the Court rejected...more
The U.S. Court of Federal Claims recently issued a significant opinion in Gemini Tech Servs., LLC v. United States, holding that the Army’s failure to follow required procedures under the Federal Acquisition Regulation (FAR)...more
This month’s bid protest roundup highlights three protest decisions released by the Government Accountability Office (GAO) and the Court of Appeals for the Federal Circuit (Federal Circuit) in March. The first discusses an...more
This month’s Bid Protest Roundup highlights two Court of Federal Claim decisions, addressing past performance and injunctive relief, and one by the U.S. Government Accountability Office (“GAO”), clarifying the applicability...more
The 2025 National Defense Authorization Act (NDAA) includes two significant changes to DoD bid protests that are generally not favorable to contractors. (Both changes appear in Section 885 of the NDAA and can be viewed at...more
On December 23, 2024, President Biden signed into law the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2025. The annual bill authorizes spending for the Department of Defense (DOD) while setting other...more
The Federal Circuit just dismissed the Government’s “Late is Late” appeal on Dec. 16th as moot, preserving the split between the Court of Federal Claims (COFC) and the Government Accountability Office (GAO) on the issue of...more
“What are my chances?” This is the most common question clients ask when considering whether to protest. GAO’s Annual Report to Congress shows that the “effectiveness” rate of protests is over 50 percent and continues to...more
In this episode of Wiley's Government Contracts podcast, Ryan Frazee highlights key factors in choosing between the U.S. Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC) when filing bid...more
This article is part of a monthly column that provides takeaways from recent bid protest cases. In this installment, we highlight decisions from the U.S. Court of Appeals for the Federal Circuit, the U.S. Government...more
While most contractors think of the Government Accountability Office and Court of Federal Claims (or even the agency) when considering whether to challenge a government contract award, there are additional options for small...more
Claims Updates - Adapt Consulting, LLC v. General Services Administration, CBCA 7213, 7393 (July 22, 2024) - The Civilian Board of Contract Appeals sustained a contractor’s appeal of its termination for default for the...more
Claims Updates - Associated Energy Group, LLC v. The United States and Kropp Holdings, Inc., No. 23-20 47 (July 2, 2024) - Associated Energy Group, LLC (AEG) challenged the award by Defense Logistics Agency (DLA) for a...more
Claims Update - Peraton, Inc. v. United States, No. 23-1539 Fed. Cl. (May 10, 2024) - The Court of Federal Claims rejected the government’s motion to dismiss a contractor’s claims alleging breach of an end-user software...more
Federal Circuit Docket - Percipient.ai, Inc. v. United States, Fed. Cir. No. 2023-1970 (Jun. 7, 2024) - In a highly anticipated bid protest opinion, a divided merits panel of Federal Circuit judges reversed the Court of...more
Claims Update - CLogic LLC v. United States, No. 23-6 L, Fed. Cl. (March 21, 2024) The Court of Federal Claims issued what appears to be its first opinion involving a performance dispute under a DoD prototype Other...more
Claims Updates - Yerington Paiute Tribe v. Department of the Interior, CBCA 7818-ISDA (February 1, 2024) The Civilian Board of Contract Appeals affirmed that the Contract Dispute Act’s (CDA) 90-day timeliness deadline...more
In a previous article, we analyzed what made protests successful at the Government Accountability Office (“GAO”) in Fiscal Year 2023 (“FY23”). Now, we want to share some insights we gained while conducting the same analysis...more
On December 21, the Government Accountability Office (GAO) dismissed a protest by ELS, an unsuccessful bidder on a Department of Defense (DOD) task order opportunity, concluding that it did not have jurisdiction to consider...more
This month’s bid protest roundup highlights one decision from the U.S. Court of Appeals for the Federal Circuit and two decisions from the U.S. Government Accountability Office (GAO)....more
Court of Federal Claims Bid Protest Update - Netcentrics Corporation v. United States and Rockwell Collins, Inc. v. United States - Two recent Court of Federal Claims decisions reaffirm that the Court will meaningfully...more