Navigating Bid Protest Choices at GAO and COFC
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
The U.S. Small Business Administration (SBA) on Oct. 25, 2024, issued a proposed rule aimed at increasing small business participation in multiple award contracts (MACs) by expanding the application of the Rule of Two to...more
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
Client Alert: SBA to Enact Significant Changes to Small Business Regulations Before 2020: Everything You Need to Know - On November 29, 2019, the U.S. Small Business Administration (SBA) issued a final rule that will...more
GOVERNMENT CONTRACTS LAW - Late Is Late—Even on the GSA Schedule - In a recent blog, we discussed the “late is late” rule in government contracting which has been the cause of many protests and much consternation...more
FALSE CLAIMS ACT / LITIGATION / CYBERSECURITY & DATA PRIVACY - Have the Flood Gates Opened?: Cisco Settles First-Of-Its-Kind Cybersecurity False Claims Act Litigation - On July 31, 2019, a False Claims Act matter...more
This is the second blog post in a series analyzing the 2019 National Defense Authorization Act (NDAA) as signed into law on Aug. 13, 2018. Stay tuned for more blog posts covering additional topics in the near future from...more
In 2018, three particularly important decisions were issued that will have a significant impact on bid protest law for years to come: Dell Federal Systems LP v. United States, PDS Consultants Inc. v. United States, and Oracle...more
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
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