News & Analysis as of

Department of Defense (DOD) Bid Protests Defense Sector

Haynes Boone

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

Haynes Boone on

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

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

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

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

Blank Rome LLP

All-Points Bulletin for Defense Contractors: If You’re 15% Behind Schedule or 15% Over Budget, You Need a Strategy

Blank Rome LLP on

On April 9, 2025, President Trump signed an Executive Order (“EO”) titled Modernizing Defense Acquisitions and Spurring Innovation in the Defense Industrial Base. This EO seeks to overhaul many aspects of defense acquisition...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

Morrison & Foerster LLP - Government...

FY25 NDAA: Promoting Nontraditional Acquisition While Securing the Supply Chain, and More

On December 23, 2024, President Biden signed into law the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2025. The annual bill authorizes spending for the Department of Defense (DOD) while setting other...more

WilmerHale

How Claims Court Ruling May Alter High-Dollar Procurements

WilmerHale on

For the second time in recent weeks, the Court of Federal Claims issued a ruling that broke from U.S. Government Accountability Office precedent. In IAP Worldwide Services Inc. v. U.S., Judge Matthew H. Solomson faulted the...more

Wiley Rein LLP

Lack of Prejudice Will Sink Even a 'Meritorious' Protest

Wiley Rein LLP on

As experienced protest counsel, we know (i) that you can pick lint off of any procurement; and (ii) because of that fact, a protester alleging error in the procurement process needs to show that the error was “prejudicial.”...more

Robins Kaplan LLP

Financial Daily Dose 3.13.2020 | Top Story: COVID-19 Fears Push Wall Street to Worst Losses Since Black Monday

Robins Kaplan LLP on

It’s been a week or so, and we’re running out of ways to say that this is bad. But it certainly is. Your bear market stats for the day: the biggest daily drop by percentage for both the S&P 500 and the Dow Jones Industrial...more

Perkins Coie

Defense Procurement Overview of the FY 2020 National Defense Authorization Act

Perkins Coie on

Cybersecurity, supply chain risks, data rights, software acquisitions, and cost or pricing data are among the procurement-related issues targeted in the Fiscal Year (FY) 2020 National Defense Authorization Act (NDAA), which...more

Bass, Berry & Sims PLC

DoD Implements Statutory Restrictions on LPTA Evaluations

Bass, Berry & Sims PLC on

As we noted in a blog post in December 2016, “LPTA Out, Fixed Price Contracts In,” the Department of Defense (DoD) has been moving to restrict the Lowest Price Technically Acceptable (LPTA) evaluation methodology, which...more

Perkins Coie

Department of Defense Issues Final Rule Restricting the Use of LPTA Procurements

Perkins Coie on

Effective October 1, 2019, a new rule issued by the U.S. Department of Defense (DOD) amends the Defense Federal Acquisition Regulation Supplement (DFARS) to limit the use of lowest price technically acceptable (LPTA)...more

Miles & Stockbridge P.C.

Section 809 Panel Recommends Sweeping Changes to Bid Protests

On January 15, 2019, the Section 809 Panel released the third and final volume of its report to Congress recommending changes to the defense procurement system. The latest volume makes the Panel’s most sweeping...more

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