Navigating Bid Protest Choices at GAO and COFC
Jones Day Presents: Strategies for Dealing with the IRS: Going to Court
Making Effective Use of the Claims/Disputes Process
CPARS From A to Z
Going to the Court of Federal Claims or the Boards of Contract Appeal
Award Protests: Choosing the Forum
How to Assess the Likelihood of Success in Deciding Whether to Bring a Bid Protest
On July 31, 2025, the Court of Federal Claims (COFC) issued its decision in The DaVinci Company v. United States. The case is noteworthy for contractors grappling with geographical supply chain concerns because it elucidates...more
In a recent bid protest decision, The DaVinci Company LLC v. United States, the U.S. Court of Federal Claims reaffirmed the enduring authority of the Trade Agreements Act (TAA) in federal procurements. At the center of the...more
A comprehensive overview of recent significant decisions, regulatory changes, and essential updates for businesses contracting with federal and state governments. ...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 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
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
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
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
This article is part of a monthly column that provides takeaways from recent bid protest cases. In this installment, we highlight decisions from the U.S. Court of Appeals for the Federal Circuit, the U.S. Government...more
Claims Updates - Adapt Consulting, LLC v. General Services Administration, CBCA 7213, 7393 (July 22, 2024) - The Civilian Board of Contract Appeals sustained a contractor’s appeal of its termination for default for the...more
Claims Updates - Associated Energy Group, LLC v. The United States and Kropp Holdings, Inc., No. 23-20 47 (July 2, 2024) - Associated Energy Group, LLC (AEG) challenged the award by Defense Logistics Agency (DLA) for a...more
Claims Update - Peraton, Inc. v. United States, No. 23-1539 Fed. Cl. (May 10, 2024) - The Court of Federal Claims rejected the government’s motion to dismiss a contractor’s claims alleging breach of an end-user software...more
Federal Circuit Docket - Percipient.ai, Inc. v. United States, Fed. Cir. No. 2023-1970 (Jun. 7, 2024) - In a highly anticipated bid protest opinion, a divided merits panel of Federal Circuit judges reversed the Court of...more
Claims Updates - Yerington Paiute Tribe v. Department of the Interior, CBCA 7818-ISDA (February 1, 2024) The Civilian Board of Contract Appeals affirmed that the Contract Dispute Act’s (CDA) 90-day timeliness deadline...more
In 2023, the U.S. Court of Federal Claims and the U.S. Government Accountability Office issued five bid protest decisions worthy of note: This article provides summaries and discusses how these cases might shape future bid...more
This issue of bid protest highlights include decisions from the Government Accountability Office (GAO) and the U.S. Court of Federal Claims (COFC). These decisions emphasize important legal principles addressing (1) agency...more
While it is well settled that the U.S. Court of Federal Claims (the Claims Court) lacks bid protest jurisdiction over the majority of task or delivery order awards, the U.S. Court of Appeals for the Federal Circuit recently...more
Last week, in a decision that will increase the burden of proof for contractors in bid protests, the U.S. Court of Appeals for the Federal Circuit clarified that prejudice, a critical part of any protest action, is not to be...more
The Court of Appeals for the Federal Circuit has issued a precedential decision in NIKA Technologies, Inc. v. United States, reversing a decision by the Court of Federal Claims on the timelines for securing a stay of contract...more
Under 4 CFR § 21.2, disappointed offerors protesting the award of a contract must file their protest within “10 days after the basis of the protest is known or should have been known.” Notwithstanding the seemingly clear...more