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Contract Terms Bid Protests

Bradley Arant Boult Cummings LLP

Understanding the Metropolitan Washington Airports Authority Bid Protest Procedures

When participating in a government procurement process, understanding the rules governing bid protests is crucial. For contractors engaging with the Metropolitan Washington Airports Authority (MWAA), strict procedural...more

Fox Rothschild LLP

Bid Protest Insights – Understanding Price Realism in Compensation Plans

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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

Bass, Berry & Sims PLC

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

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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

Schwabe, Williamson & Wyatt PC

Anchorage Hosts SBA Tribal Meeting to Discuss 8(a) Program Efficiency

On May 9, 2025, the Small Business Administration (SBA) published a notice that it will be holding a tribal consultation on June 13, 2025, at 9:30 am in Anchorage, to receive comments on the following: 1. How the 8(a)...more

Bradley Arant Boult Cummings LLP

How to Become a U.S. Government Contractor: A Legal Guide to the Basics

For many businesses, contracting with the U.S. government represents a significant opportunity for stable and often long-term revenue. However, doing business with the federal government comes with unique requirements,...more

Bradley Arant Boult Cummings LLP

Bad Formatting Dooms Proposal and GAO Bid Protest

In a cautionary decision that reinforces the importance of strict compliance with solicitation instructions, the Government Accountability Office (GAO) recently denied in part and dismissed in part a protest challenging a...more

Fox Rothschild LLP

Protesting Key Personnel – When to Pounce on a Bait-and-Switch

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GAO just sharpened the distinction between winning and losing protest arguments related to key project personnel. The issue turns on the question of whether the winning proposal included “material misrepresentations” – and...more

Bradley Arant Boult Cummings LLP

Bid Protests in South Carolina

In South Carolina, government contracting can be a lucrative opportunity for businesses, but it comes with its share of challenges — one of which is dealing with bid protests. Whether you’re an established contractor or new...more

Pillsbury - Bid Protest Debrief

Disqualified for Using a Company Logo? GAO Reminds Contractors That Formatting Rules Matter

In FI Consulting, Inc., B-423274 (April 11, 2025​), FI Consulting, Inc. (FIC) protested its elimination from a procurement for U.S. Department of Agriculture (USDA) program support services after the agency rejected its...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Instructions, Price Evaluation, Standing

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

Blank Rome LLP

FAR on the Chopping Block: Potential Impacts on Protests

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As those in the federal contracting community wait anxiously for rumored and hinted at changes to the Federal Acquisition Regulation (“FAR”), we are beginning to evaluate how certain of those changes might most impact our...more

Bradley Arant Boult Cummings LLP

GAO Sustains Protest Over Agency’s Failure to Conduct Price Risk Analysis Under DFARS 252.204-7024

In the recent MicroTechnologies LLC and SMS Data Products Group, Inc. decisions, the Government Accountability Office (GAO) sustained protests challenging the Agency’s failure to perform the required price risk analysis under...more

Bass, Berry & Sims PLC

Bid Protest Minute: Bidder’s Responsibility to Submit Well-Drafted Proposal

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On February 26, GAO denied the protest of Mission Analytics, Inc., challenging the award of a small business set-aside contract to ThunderCat Technology, LLC, explaining that “it is a firm’s responsibility to submit a...more

Cohen Seglias Pallas Greenhall & Furman PC

[Webinar] How to Protect your Rights on a USACE Dredging Project - March 19th, 12:00 pm - 1:00 pm ET

Join Cohen Seglias Government Contracting attorneys Michael Payne, Casey McKinnon and Steve Tobin for an in-depth discussion on how to protect your rights on dredging projects with the U.S. Army Corps of Engineers (USACE)....more

Bass, Berry & Sims PLC

COFC Decision Significantly Broadens OTA Bid Protest Jurisdiction

On February 24, Judge Armando Bonilla of the Court of Federal Claims (COFC) declined to dismiss a challenge to a $648 million award under a Missile Defense Agency (MDA) development deal, finding that the court had...more

Hogan Lovells

A practical guide to public procurement challenges under the Procurement Act 2023

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Our guide for suppliers and contracting authorities in bringing and defending public procurement challenges under the Procurement Act 2023 The Procurement Act 2023 (the “PA23”) in the United Kingdom will commence on or after...more

Holland & Knight LLP

What to Do in the Event of Federal Procurement Disruptions

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The Trump Administration is in the midst of reviewing prior administrations' spending priorities and federal government contracts and has begun announcing a variety of actions to suspend and/or terminate pending and awarded...more

Snell & Wilmer

GAO Annual Report Reveals Most Commonly Successful Arguments in Bid Protests

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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

Jenner & Block

Client Alert: The Price of Silence: GAO Dismisses Protest Because the Protester’s Key Personnel Were Unavailable

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On December 30, 2024, the Government Accountability Office (GAO) dismissed a protest by Orion Government Services, Inc. (Orion) after determining that Orion lacked standing to protest because one of its proposed key personnel...more

Sheppard Mullin Richter & Hampton LLP

FY2025 NDAA Increases the Threshold for DoD Task Order Protests and Asks GAO and DoD to Explore Changes to Bid Protest Process

In the Fiscal Year 2025 National Defense Authorization Act (“FY25 NDAA”), Congress included some important provisions related to the bid protest process at the U.S. Government Accountability Office (“GAO”). These provisions...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

Wiley Rein LLP

FAR Council Proposes Wholesale Revamp of Organizational Conflict of Interest Rules

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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...

Bid Protest Spotlight: Certification, Lateness, SBA Eligibility

This month’s bid protest roundup highlights one decision from the U.S. Court of Appeals for the Federal Circuit, addressing a proposal timely submitted but received late, and two decisions from the U.S. Government...more

Bradley Arant Boult Cummings LLP

Bid Protests in New Jersey

Bradley has been publishing an ongoing survey of state-level bid protest processes and procedures (see our posts on “Bid Protests in Georgia,” “Bid Protests in the District of Columbia,” “Bid Protests in New York,” “Bid...more

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