News & Analysis as of

Department of Defense (DOD) Bid Protests

Haynes Boone

GAO Section 885 Response: Enhanced Pleading and Loser-Pay Requirements

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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

Bass, Berry & Sims PLC

GAO Proposes Higher Pleading Standard for Bid Protests, Questions Remain for Loser-Pays Model

Bass, Berry & Sims PLC on

As we noted in a blog post in February, the 2025 National Defense Authorization Act (NDAA) was enacted in December 2024 included a provision at Section 885 raising the protest threshold for Department of Defense (DoD), Coast...more

Pillsbury - Bid Protest Debrief

Wright Brothers Protest Fails to Take Flight: GAO Grounds Untimely Protest

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

Pillsbury - Bid Protest Debrief

Trap for the Unwary: GAO Clarifies That Agency’s Misleading Statements Do Not Extend Protest Deadline

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

Fox Rothschild LLP

OCIs: Recent GAO Decision Provides Insight on How to Successfully Challenge an Agency’s Investigation of Organizational Conflicts...

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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

WilmerHale

The Telesto Decision: COFC's Latest (and Most Novel) Take on OTA Jurisdiction

WilmerHale on

Judge Hertling’s recent decision in Telesto Group, LLC v. United States provides a novel approach for determining when Court of Federal Claims (also “COFC”) has jurisdiction to consider a protest of a project under the...more

Pillsbury - Bid Protest Debrief

Conflict Confirmed: GAO Sustains Rare OCI Protest in Army Cyber Procurement

In DirectViz Solutions, LLC, B-423366, et al. (June 11, 2025)​, DirectViz Solutions protested the Army’s issuance of a task order to Peraton for cybersecurity information technology support services for the Army’s Global...more

Pillsbury - Bid Protest Debrief

DISA Award Upheld Despite Massive Price Gap: GAO Says Sticker Shock Isn’t Enough

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

Pillsbury - Bid Protest Debrief

Court of Federal Claims Upholds Agency’s Course Correction in Pursuit of Best Value

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

Pillsbury - Bid Protest Debrief

COFC Warns: Protesters Must Prove Capability, Not Just Claim It

In KL3, LLC v. United States, U.S. Court of Federal Claims, No. 24-2028 (June 2, 2025, reissued June 12, 2025), KL3 challenged the Department of Defense’s award of two sole-source contracts under the SBA’s 8(a) program,...more

Fox Rothschild LLP

Other Transaction Authority: COFC Employs a “Principal Purpose” Test to Determine Whether Bid Protest Jurisdiction Exists

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Much has been written during recent years regarding the increasing volume of government acquisitions and spending effected under Other Transaction (OT) authority. These transactions are generally exempt from the requirements...more

Holland & Knight LLP

Navigating the Evolving Jurisdiction of the Court of Federal Claims Over OTA Agreements

Holland & Knight LLP on

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

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

Fox Rothschild LLP

Bid Protest Insights – Understanding Price Realism in Compensation Plans

Fox Rothschild LLP on

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: Insufficient Funds are Grounds to Cancel

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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

Gordon Rees Scully Mansukhani

April 2025 Government Contracts Legal Update and Podcast

Gordon Rees Scully Mansukhani presents the latest insights from our Government Contracts group, offering a comprehensive overview of recent significant decisions, regulatory changes, and essential updates for businesses...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – May 2025 #3

PilieroMazza PLLC on

The Rise of OTA in Defense Contracting, Part 4: Capitalizing on Consortia - In this final blog of PilieroMazza’s blog series, “The Rise of OTA in Defense Contracting,” we discuss DOD’s authority to award OTs to consortia...more

Pillsbury - Bid Protest Debrief

No “Hard Facts,” No Win: GAO Denies Lockheed’s OCI Protest

In Lockheed Martin Corporation, B-423294, May 2, 2025, Lockheed Martin protested the Air Force’s handling of potential organizational conflicts of interest (OCIs) in a procurement for Tactical Operations Center – Light...more

Pillsbury - Bid Protest Debrief

Marathon Targets Misses the Mark: COFC Upholds Disqualification Over Mishandling of Leaked Evaluation Data

In Marathon Targets, Inc. v. United States, U.S. Court of Federal Claims, No. 25-121 (March 13, 2025, reissued March 24, 2025), Marathon Targets sought to block a U.S. Marine Corps contract awarded to MVP Robotics for...more

Pillsbury - Bid Protest Debrief

Corrective Action Doesn’t Mean a Do-Over: GAO Okays Narrow Scope of Proposal Revisions

The Mission Essential Group, LLC (MEG) protested the scope of corrective action by U.S. Special Operations Command (SOCOM) following a previous protest involving a linguist support services procurement. In The Mission...more

Pillsbury - Bid Protest Debrief

SAM Error? You’re Out—Court of Federal Claims Slams the Door on Proposal Slipups

In Analysis, Studies, and Training International, LLC, et al. v. United States, U.S. Court of Federal Claims, Nos. 24-1720 & 25-76 (Consolidated) (April 14, 2025)​, two offerors were excluded from an Air Force procurement for...more

Goodwin

Major Federal Procurement Changes Coming in Light of Recent Executive Orders

Goodwin on

The Trump administration has issued two Executive Orders very recently that will drive changes in federal procurement and defense procurement and impact federal contractors in the very near future. The Executive Orders are...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – April 2025 #3

PilieroMazza PLLC on

The Rise of OTA in Defense Contracting, Part 1: Defense Acquisition Reform - President Trump’s April 9, 2025, Executive Order Modernizing Defense Acquisitions and Spurring Innovation In the Defense Industrial Base (EO) is...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

Bradley Arant Boult Cummings LLP

Key Legal Issues Facing U.S. Government Contractors in 2025

As the regulatory environment continues to evolve in the new administration, U.S. government contractors are facing an increasingly complex array of legal challenges. Staying compliant and competitive requires close attention...more

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