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Federal Contractors Bid Protests Government Accountability Office

Morrison & Foerster LLP - Government...

Bid Protest Spotlight: Conflicts, Evaluations, Materiality - Law 360

This month’s Bid Protest Roundup focuses on three recent protests from the U.S. Government Accountability Office (GAO). The first protest involves an organizational conflict of interest, the second pertains to oral...more

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

Gordon Rees Scully Mansukhani

July 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

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

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

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SBA Orders Full-Scale Audit of 8(a) Program: What You Should Do to Prepare - The U.S. Small Business Administration (SBA) recently announced an “immediate and full-scale audit” of its 8(a) business development program. The...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

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

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

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

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

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

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

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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

Pillsbury - Bid Protest Debrief

Deadline Missed, Protest Dismissed: GAO Shuts Down Untimely VA Protest

In A2A Integrated Logistics, Inc., B-423433, May 20, 2025, A2A Integrated Logistics protested a Department of Veterans Affairs (VA) contract award after learning that its proposal had been rejected due to a technical...more

Fox Rothschild LLP

New GAO Decision Highlights Effective OCI Identification and Mitigation Practices

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Federal contractors need to be proactive about detecting and neutralizing or mitigating Organizational Conflicts of Interest (OCI). The FAR’s OCI provisions (currently found at FAR Subpart 9.5) promote the fairness and...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

Bradley Arant Boult Cummings LLP

Competitive Range Determination Violated the FAR, Court Finds

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

PilieroMazza PLLC

2024-2025 Bid Protest Decisions with Far-Reaching Impacts for Government Contractors

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Whether you’re submitting a proposal, filing a protest, or defending your contract award, bid protest rulings can influence not just your current contract but also future outcomes and the broader award process. Recent protest...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

Mayer Brown

Recent US GAO Decision Reinforces that US COFC’s Decisions are Not Binding on GAO as a Bid Protest Forum

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On April 23, 2025, the Government Accountability Office (“GAO”) released a public decision dismissing a reconsideration request filed by 4K Global-ACC JC, LLC. The decision is noteworthy because in rejecting the request 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

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

Morrison & Foerster LLP - Government...

Bid Protest Roundup: Past Performance, Preliminary Injunctions, and Novel Regulatory Requirements

This month’s Bid Protest Roundup highlights two Court of Federal Claim decisions, addressing past performance and injunctive relief, and one by the U.S. Government Accountability Office (“GAO”), clarifying the applicability...more

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