News & Analysis as of

Federal Acquisition Regulations (FAR) Contract Disputes Government Agencies

Blank Rome LLP

60-Second Sustains: BrightPoint, LLC

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Protest of: BrightPoint, LLC - B-423392, B-423392.2, B-423392.3 - BrightPoint raised numerous challenges to the Department of Agriculture’s evaluation and award of a task order for information technology services....more

Bradley Arant Boult Cummings LLP

GAO Upholds Navy’s Rejection of Late Proposal

In a recent decision highlighting the critical importance of timely proposal submissions in federal procurements, the Government Accountability Office (GAO) denied a protest by challenging the Navy’s rejection of the...more

PilieroMazza PLLC

Lawmakers Sound Alarm Over VA’s AI-Driven Contract Terminations: What to Do If You’re Terminated

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The Department of Veterans Affairs (VA) is facing growing scrutiny from Congress after it abruptly canceled hundreds of contracts—many of which support critical services for veterans—based in part on recommendations from a...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

PilieroMazza PLLC

The Unusual Case of Obtaining a “Pause” on Performance After Missing the Filing Deadlines

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One of the primary benefits of filing a protest with the Government Accountability Office (GAO) is that it automatically puts the awarded contracts on hold, stopping the agency from proceeding with performance. To reap the...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

Bass, Berry & Sims PLC

Compliance with Limitation on Subcontractor is Ostensible Subcontractor Safe Harbor

On June 2, the Small Business Administration’s (SBA) Office of Hearing and Appeals (OHA) denied a size appeal filed by Veteran Elevator Solutions, LLC (VES) challenging the size of Bass, Berry & Sims’ client GD Resources, LLC...more

Bradley Arant Boult Cummings LLP

Pre-Award Bid Protests: Practical Tips for Government Contractors

One of the most powerful but often misunderstood tools available to government contractors is the pre-award protest. Unlike post-award protests, which generally challenge the outcome of a procurement, pre-award protests...more

Fox Rothschild LLP

Update: FAR 2.0 Parts 18, 39, and 43 Released

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The Trump Administration, through the Office of Federal Procurement Policy, has revealed the next set of revised Federal Acquisition Regulation (FAR) sections as part of the Revolutionary FAR Overhaul (RFO): FAR Parts 18, 39,...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – June 2025 #4

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Can Contractors Recover Damages for Arbitrary CPAR Ratings? The ASBCA Weighs In - Every seasoned government contractor knows the weight a negative Contractor Performance Assessment Report (CPAR) can carry. A blemish in the...more

Bass, Berry & Sims PLC

Mentor Protégé Joint Venture Size Determination – A Responsible Manager Must Retain Exclusive Responsibility

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The Small Business Administration’s (SBA) Mentor-Protégé Program allows a large company to joint venture with a smaller firm without the two entities being treated as one for size purposes – so long as a joint venture...more

PilieroMazza PLLC

Can Contractors Recover Damages for Arbitrary CPAR Ratings? The ASBCA Weighs In

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Every seasoned government contractor knows the weight a negative Contractor Performance Assessment Report (CPAR) can carry. A blemish in the CPAR System (CPARS) can mean the difference between winning a new contract or losing...more

Bradley Arant Boult Cummings LLP

6 Tips for Government Contractors to Avoid, Neutralize, and Mitigate Organizational Conflicts of Interest

Organizational conflicts of interest (OCIs) continue to be a critical compliance risk in the federal contracting landscape. The Federal Acquisition Regulation (FAR) mandates that contracting officers “avoid, neutralize, or...more

Fox Rothschild LLP

GAO Holds that Enhanced Debriefing Timing Regulations Control Over Agency Instructions

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Timing is everything when it comes to bid protests at GAO. There is a mountain of GAO case law dismissing untimely protests. Contractors must strictly follow GAO’s regulations to avoid that fate and obtain a Competition...more

Davis Wright Tremaine LLP

Changes Clause Survives First Round of FAR Overhaul

In good news for government contractors, the initial redraft of Federal Acquisition Regulation (“FAR”), part 43-Contract Modifications released on June 12, 2025, did not eliminate the contract clauses that address the...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

PilieroMazza PLLC

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

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Federal Acquisition Regulation (FAR) Model Deviation Text for FAR Parts 18, 39, & 43 - On June 12, the FAR Council released the model deviation text for FAR Part 18, Emergency Acquisitions; FAR Part 39, Acquisition of...more

Bradley Arant Boult Cummings LLP

Navigating SAM.gov: A Guide for Government Contractors

For businesses aiming to win federal contracts, navigating the System for Award Management (SAM.gov) is a necessary — and often daunting — first step. Whether you’re a seasoned government contractor or new to federal...more

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Jurisdiction, Price Range, Late-Is-Late

This month’s bid protest spotlight features a trifecta of decisions from the U.S. Court of Federal Claims. In MVL USA Inc. v. United States, a consolidated bid protest involving seven protesters, the Court rejected...more

Fox Rothschild LLP

CDA Claim Management Primer: Suspension of Work (FAR 52.242-14)

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Federal construction contracts often involve unforeseen delays. The key question is who is responsible for the resulting costs. A new decision from the ASBCA provides a blueprint for how contractors can maximize recovery...more

Bradley Arant Boult Cummings LLP

SBA OHA: Compliance with Limitations on Subcontracting Can Rebut Ostensible Subcontractor Affiliation

On May 2, 2025, the U.S. Small Business Administration (SBA) Office of Hearings and Appeals (OHA) issued a significant decision in Size Appeal of Bowhead Enterprise, Science, and Technology, LLC, SBA No. SIZ-6352. The...more

PilieroMazza PLLC

Weekly Update for Government Contractors and Commercial Businesses – June 2025 #2

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Protect Small Business Opportunities: The “Rule of Two” Faces Potential Elimination - The federal government is actively trying to reduce its size and deregulate agencies across the Executive Branch. As noted in a...more

Pillsbury - Bid Protest Debrief

GAO Finds Exclusion Over $0.01 Scrivener’s Error Unreasonable, But Denies Protest for Lack of Prejudice

In Innovative Management & Technology Approaches, Inc., B-423190, et al., Mar. 3, 2025, IMTAS protested its exclusion from a competition run by the Federal Bureau of Investigation (FBI) after the agency rejected its proposal...more

Bradley Arant Boult Cummings LLP

Bidders Beware! Design-Builders Are at Risk Not Only for Defective Design Documents, But Possibly for Defective Bidding Documents,...

Historically, the Boards of Contract Appeals and Courts have reviewed design-builders’ reliance on government-provided conceptual drawings or bridging documents in support of constructive change claims under a reasonableness...more

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