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As the Defense Department increasingly turns to Other Transaction Authority (OTA) agreements to streamline innovation and speed up procurement, contractors—especially those in the defense sector—must adapt to this rapidly...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
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
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
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
Mergers and acquisitions (M&A) involving government contractors present unique challenges and considerations that require meticulous due diligence. Unlike purely commercial deals, government contracts introduce layers of...more
The U.S. Court of Federal Claims (COFC) recently addressed the scope of its jurisdiction over Other Transaction Authority (OTA) agreements in the case of Telesto Group, LLC v. United States, No. 1:24-cv-01784. The case...more
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
Price realism challenges stand out as a common basis for bid protests in federal procurements. A competitor’s unrealistically low pricing may signal a lack of understanding or commitment to contract performance. Price...more
On April 29, the Government Accountability Office (GAO) denied Davenergy-VCI JV, LLC’s protest of a solicitation’s cancellation, holding that the lack of available funding is sufficient grounds to cancel. In denying the...more
Recent actions by the Department of Government Efficiency have led to a surge in contract cancellations, raising significant concerns for government contractors. Contracting Officer’s Discretion and Legal Boundaries - The...more
Recent changes in U.S. trade policy necessitate a thorough understanding of FAR and DFARS clauses related to cost recovery, duties and taxes....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
On April 9, 2025, President Donald J. Trump signed an Executive Order, titled “Modernizing Defense Acquisition and Spurring Innovation in the Defense Industrial Base.” This order outlines a broad and ambitious reform effort...more
In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for successfully navigating the contract claims process under federal procurement...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
Pillsbury’s recent alert on the newly formed Department of Government Efficiency, or “DOGE,” an autonomous organization created by President-elect Trump and spearheaded by Elon Musk, identified several steps for industries...more
So, if you are owed time and money on a contract, should your next move be a CDA Claim or an REA? There is no one-size-fits-all answer – and contractors should carefully consider their own unique circumstances before...more
This is the first of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act. Certified Claims are the primary avenue available to government contractors to recover...more
The Contract Disputes Act allows contractors seeking payment of a claim arising from a contract with the federal government six years from the date it accrued to submit the claim to the contracting officer. Failure to do so...more
The COVID-19 pandemic has introduced significant uncertainty for government contractors as agencies prepare for substantial disruptions, including the potential closure of military installations. See e.g., Department of the...more
The Situation: The U.S. Government Accountability Office ("GAO") recently released its annual Bid Protest Report. The Result: The report contains a wealth of information about bid protests, including statistics and...more
There is objection evidence. There is subjective evidence. And sometimes, it is a combination of both A case cannot go much worse when a court’s opinion starts with the following: “This case concerns a contract in which a...more
The Fiscal Year (“FY”) 2019 National Defense Authorization Act (“NDAA”), H.R. 5515, 115th Cong., 2d Sess. (2018), passed both chambers of Congress at breakneck speed this year, the fastest pace in approximately 20 years, and...more