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Competition Bid Protests Federal Acquisition Regulations (FAR)

Wiley Rein LLP

OMB Proposes Procurement Law Changes to Support “Revolutionary FAR Overhaul”

Wiley Rein LLP on

WHAT: The Office of Management and Budget (OMB) recently submitted to Congress 16 proposed changes to procurement laws in support of the “Revolutionary FAR Overhaul” effort, which Wiley has been chronicling here. These...more

Bradley Arant Boult Cummings LLP

Pre-Award Bid Protests: Practical Tips for Government Contractors

One of the most powerful but often misunderstood tools available to government contractors is the pre-award protest. Unlike post-award protests, which generally challenge the outcome of a procurement, pre-award protests...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

Bid Protest Minute – Protest Underscores Importance of Prejudice, Past Performance Requirements, and Protest Timing

Bass, Berry & Sims PLC on

On May 7, the Government Accountability Office (GAO) dismissed a protest challenging the terms of a solicitation for being unduly restrictive. The protest highlights three important considerations that contractors should...more

Bradley Arant Boult Cummings LLP

Competitive Range Determination Violated the FAR, Court Finds

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

Bass, Berry & Sims PLC

Project Labor Agreements No Longer Mandated for Large Federal Construction Contracts

Bass, Berry & Sims PLC on

On January 21, in MVL, Inc., et al. v. United States, the U.S. Court of Federal Claims (COFC) struck down a 2022 Executive Order (EO), as well as the implementing Federal Acquisition Regulation (FAR), signed by then-President...more

Bass, Berry & Sims PLC

Bid Protest Minute: Understanding the Increased DoD/Coast Guard/NASA Task Order Protest Threshold

Generally speaking, the U.S. procurement system allows companies competing for U.S. government contracts broad rights to challenge contract awards, as well as the terms of solicitations. There are, however, restrictions...more

Snell & Wilmer

GAO Annual Report Reveals Most Commonly Successful Arguments in Bid Protests

Snell & Wilmer on

In its “GAO Bid Protest Annual Report to Congress for Fiscal Year 2024,” the Government Accountability Office (GAO) revealed the most common reasons bid protests were sustained this past year, including: (1) unreasonable...more

Fox Rothschild LLP

DoD Makes Significant Changes to Bid Protest Requirements

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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

Bradley Arant Boult Cummings LLP

Biden’s Executive Order on Project Labor Agreements Violates CICA

In a recent decision, the Court of Federal Claims (COFC) ruled on bid protests filed by 12 construction companies challenging the implementation of a February 4, 2022, Executive Order 14063 that mandated the use of project...more

Cozen O'Connor

U.S. Court of Federal Claims Finds Project Labor Agreements Violate the Competition in Contracts Act

Cozen O'Connor on

On January 21, 2025, Judge Ryan T. Holte of the U.S. Court of Federal Claims issued a decision finding now former-President Biden’s February 4, 2022, Executive Order 14063 (EO) and the resulting Federal Acquisition...more

Schwabe, Williamson & Wyatt PC

Federal Court Invalidates President Biden’s Mandatory PLA Requirements on Federal ‎Projects Over $35 Million

On January 21, 2025, the Court of Federal Claims issued an order that, in effect, invalidates President Joe Biden’s February 4, 2022 Executive Order (14063) and 48 C.F.R. Subpart 22.5, Use of Project Labor Agreements for...more

Cohen Seglias Pallas Greenhall & Furman PC

Court Rules that PLAs Violate the Competition in Contracting Act

Project Labor Agreements (PLAs) have been controversial in the construction industry. On January 21, 2025, the United States Court of Federal Claims issued a ruling in MVL USA, Inc. et al. v. The United States that found that...more

Wiley Rein LLP

FAR Council Proposes Wholesale Revamp of Organizational Conflict of Interest Rules

Wiley Rein LLP on

WHAT: On January 15, 2025, the Federal Acquisition Regulatory Council (FAR Council) issued a proposed rule to implement the Preventing Organizational Conflicts of Interest in Federal Acquisition Act (Pub. L. No. 117-324). The...more

Morrison & Foerster LLP - Government...

Enforcing New Recertification Rules: Changes to SBA’s Size Protest Regulations

We continue our discussion of the Small Business Administration’s (SBA) recent final rule on various small business programs. Today, we focus on revisions to the regulations governing size protests and requests for formal...more

Morrison & Foerster LLP - Government...

November 2023 Bid Protest Roundup

This month's protest spotlight highlights three decisions by the U.S. Government Accountability Office. The decisions feature arguments that unsuccessful offerors often want to make, but that are rarely successful, as well as...more

Jenner & Block

Government Contracts Legal Round-Up - December 2022 Issue 23

Jenner & Block on

Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more

Wiley Rein LLP

New ‘Advisory Down Select’ Evaluation Approach Alters Contractors’ Protest Calculus

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We notice a recent uptick in agencies employing an unusual evaluation method – the “advisory down select” – that places offerors in an awkward position when deciding whether, and when, to protest. Given its increasing...more

Holland & Knight LLP

Court Rules Sole Source FSS Task Order Extension Permissible for Complex IT Project

Holland & Knight LLP on

A recent protest decision highlights a little-known sole source authority unique to GSA Schedule procurements that could benefit federal contractors and their agency customers working on complex information technology...more

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