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The Government Accountability Office’s (GAO) response to congressional inquiry regarding GAO’s bid protest function (Section 885 response), while pushing back against some proposed changes that could disincentive meritorious...more
Protest of: BrightPoint, LLC - B-423392, B-423392.2, B-423392.3 - BrightPoint raised numerous challenges to the Department of Agriculture’s evaluation and award of a task order for information technology services....more
In a recent decision highlighting the critical importance of timely proposal submissions in federal procurements, the Government Accountability Office (GAO) denied a protest by challenging the Navy’s rejection of the...more
SBA Orders Full-Scale Audit of 8(a) Program: What You Should Do to Prepare - The U.S. Small Business Administration (SBA) recently announced an “immediate and full-scale audit” of its 8(a) business development program. The...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
In Wright Brothers Aero, Inc., B-423326.2 (July 7, 2025), Wright Brothers Aero protested the Defense Logistics Agency’s (DLA) reaffirmation of a contract award for aircraft refueling services to Premier Jet Services, arguing...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
For government contractors doing business in Missouri, understanding the state’s bid protest process is essential. When a contractor believes that a contract award was improper or unfair, the state of Missouri allows for a...more
Contractors pursuing work with the U.S. Postal Service (USPS) must be aware that the Postal Service operates under a unique set of rules. Unlike most federal agencies, the USPS is not subject to the jurisdiction of the...more
In SMS Data Products Group, Inc., B-423341, et al. (May 29, 2025), SMS Data Products Group protested a task order award to Abacus Technology Corporation for intranet control support services. While the protest raised several...more
The Federal Acquisition Regulation (FAR) generally requires contracting officials to identify and evaluate organizational conflicts of Interest (OCIs) as early as possible in a procurement. The FAR also requires the procuring...more
The New Jersey Supreme Court recently issued an important opinion providing clear guidance for companies seeking to do business with the state of New Jersey, that in public works projects, bid documents must be in full...more
On June 2, the Small Business Administration’s (SBA) Office of Hearing and Appeals (OHA) denied a size appeal filed by Veteran Elevator Solutions, LLC (VES) challenging the size of Bass, Berry & Sims’ client GD Resources, LLC...more
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
This is part one of a three-part series discussing state-level bid protests in the DMV. For a contractor who just expended significant time and money to bid on a DMV state-level government contract, only to watch the...more
In New Mexico, vendors who compete for public contracts have legal recourse if they believe that a government solicitation or contract award was improper. The New Mexico Procurement Code provides a formal bid protest process...more
In AIX Tech, LLC, B-423417, et al., June 11, 2025, AIX Tech protested the award by the Defense Information Systems Agency (DISA) of a task order to Defense Solutions Group (DSG) for strategic advisory support services,...more
Organizational conflicts of interest (OCIs) continue to be a critical compliance risk in the federal contracting landscape. The Federal Acquisition Regulation (FAR) mandates that contracting officers “avoid, neutralize, or...more
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
The state of Hawaii provides a detailed statutory framework for protesting state procurements to ensure fairness, accountability, and transparency in the government contracting process. This article outlines the essential...more
In Red River Science & Technology, LLC v. United States, U.S. Court of Federal Claims, No. 24-2035C (June 18, 2025), Red River challenged multiple aspects of an Army procurement under the Enhanced Army Global Logistics...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
On May 2, 2025, the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA) issued a significant decision in Size Appeal of Bowhead Enterprise, Science, and Technology, LLC, SBA No. SIZ-6352. The...more
Construction bonds are vital tools in the construction industry. A construction bond is an instrument arising out of suretyship law. A project owner may require a contractor to obtain one or more types of construction bond to...more
In Innovative Management & Technology Approaches, Inc., B-423190, et al., Mar. 3, 2025, IMTAS protested its exclusion from a competition run by the Federal Bureau of Investigation (FBI) after the agency rejected its proposal...more