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Federal Contractors Contract Disputes Department of Defense (DOD)

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

PilieroMazza PLLC

The Rise of OTAs in Defense Contracting: Opportunities, Risks, and What Contractors Need to Know

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As the Defense Department increasingly turns to Other Transaction Authority (OTA) agreements to streamline innovation and speed up procurement, contractors—especially those in the defense sector—must adapt to this rapidly...more

PilieroMazza PLLC

[Webinar] The Rise of OTAs in Defense Contracting: Opportunities, Risks, and What Contractors Need to Know - July 30th, 2:00 pm -...

PilieroMazza PLLC on

As the Defense Department increasingly turns to Other Transaction Authority (OTA) agreements to streamline innovation and speed up procurement, contractors—especially those in the defense sector—must adapt to this rapidly...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

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

Bradley Arant Boult Cummings LLP

Best Practices for Due Diligence in Government Contractor M&A Transactions

Mergers and acquisitions (M&A) involving government contractors present unique challenges and considerations that require meticulous due diligence. Unlike purely commercial deals, government contracts introduce layers of...more

Holland & Knight LLP

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

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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

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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

Seyfarth Shaw LLP

Six Essential Tips for Navigating the Contract Claims Process in Government Contracting

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In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for successfully navigating the contract claims process under federal procurement...more

Fox Rothschild LLP

DoD Makes Significant Changes to Bid Protest Requirements

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The 2025 National Defense Authorization Act (NDAA) includes two significant changes to DoD bid protests that are generally not favorable to contractors. (Both changes appear in Section 885 of the NDAA and can be viewed at...more

Pillsbury Winthrop Shaw Pittman LLP

Trump 2.0: What Happens to Federal Funding?

Pillsbury’s recent alert on the newly formed Department of Government Efficiency, or “DOGE,” an autonomous organization created by President-elect Trump and spearheaded by Elon Musk, identified several steps for industries...more

Fox Rothschild LLP

CDA Claims vs. Requests for Equitable Adjustment

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So, if you are owed time and money on a contract, should your next move be a CDA Claim or an REA? There is no one-size-fits-all answer – and contractors should carefully consider their own unique circumstances before...more

Fox Rothschild LLP

Accessing Remedy Granting Clauses under the Contract Disputes Act

Fox Rothschild LLP on

This is the first of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act. Certified Claims are the primary avenue available to government contractors to recover...more

Womble Bond Dickinson

Federal Circuit Clarifies When Claims Accrue Under the Contract Disputes Act

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The Contract Disputes Act allows contractors seeking payment of a claim arising from a contract with the federal government six years from the date it accrued to submit the claim to the contracting officer. Failure to do so...more

Jones Day

Government Contracts: GAO's 2019 Bid Protest Report to Congress Highlights Protest Effectiveness

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The Situation: The U.S. Government Accountability Office ("GAO") recently released its annual Bid Protest Report. The Result: The report contains a wealth of information about bid protests, including statistics and...more

Buchalter

Contracting Offficer’s Belief That Contractor Could Not Meet Schedule Requirements Insufficient to Support Default Termination

Buchalter on

There is objection evidence.  There is subjective evidence.  And sometimes, it is a combination of both  A case cannot go much worse when a court’s opinion starts with the following: “This case concerns a contract in which a...more

Blank Rome LLP

Technical Data Rights Protections Eroded by FY19 NDAA

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The Fiscal Year (“FY”) 2019 National Defense Authorization Act (“NDAA”), H.R. 5515, 115th Cong., 2d Sess. (2018), passed both chambers of Congress at breakneck speed this year, the fastest pace in approximately 20 years, and...more

Holland & Knight LLP

Understanding Why GAO Sustained Protest of OT Production Contract

Holland & Knight LLP on

REAN Cloud LLC (REAN) entered into an Other Transaction (OT) Agreement with the Army (facilitated by DIUx) to provide prototype cloud migration services. While the prototype work was still being performed, the Army and REAN...more

Snell & Wilmer

Under Construction - September 2016

Snell & Wilmer on

Letter from the Editor - Welcome to the Fall 2016 edition of our Under Construction newsletter. We hope your summer has left you relaxed and refreshed to successfully finish out the remainder of the year. Most...more

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