News & Analysis as of

Federal Contractors Federal Acquisition Regulations (FAR) Bid Protests

Blank Rome LLP

Federal Circuit Clarifies “Interested Party” Status in Percipient.ai v. United States

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When a Federal Circuit panel held that subcontractors had standing to challenge procurement violations, Judge Clevenger warned of a flood. Under the panel’s holding, thousands of subcontractors could inundate the Court of...more

Morrison & Foerster LLP - Government...

Update on the FAR Overhaul

As of August 28, 2025, the project to overhaul the Federal Acquisition Regulation (FAR) has finished FAR Parts 1, 4-6, 8-12, 18, 26, 28-31, 33-36, 38-40, 43, 46, 48-51, and various sections of Parts 2 and 52. One can review...more

Pillsbury - Bid Protest Debrief

“Consistently Inconsistent”: Court of Federal Claims Finds Navy’s Past Performance Rating System Arbitrary

In Advanced Technology Systems Company v. United States, U.S. Court of Federal Claims, No. 25-515C (July 16, 2025), Advanced Technology Systems Company (ATSC) protested the Navy’s award of a contract for a nationwide maritime...more

Pillsbury - Bid Protest Debrief

Too Late to Speak Up: GAO Dismisses Sole-Source Protest for Inaction

In Economic Systems, Inc., B-423747, et al. (Aug. 22, 2025), Economic Systems, Inc. (EconSys) protested the Department of the Interior’s decision to issue a sole-source purchase order to Government Retirements and Benefits,...more

Schwabe, Williamson & Wyatt PC

Updates to FAR: Contractor Qualifications, Protests, Quality Assurance, and Terminations

The FAR Council is undertaking a systematic approach to revising the FARs. On August 15, 2025, it released its revisions to FAR Part 9 – Contractor Qualifications, FAR Part 33, Protests, Disputes, and Appeals, FAR Part 46,...more

Pillsbury - Bid Protest Debrief

Being the Incumbent Does Not Guarantee the Win: COFC Upholds DHS Cybersecurity Award

In SOFITC3, LLC v. United States, U.S. Court of Federal Claims, No. 24-2064C (August 21, 2025), incumbent contractor SOFITC3 challenged the Department of Homeland Security’s (DHS) award of a cybersecurity contract to Delviom,...more

McCarter & English Blog: Government Contracts...

Making Hay of the Interplay Between the TAA and BAA—COFC Sustains Protest Against the VA’s Improper Sourcing of a Critical...

On July 31, 2025, the Court of Federal Claims (COFC) issued its decision in The DaVinci Company v. United States. The case is noteworthy for contractors grappling with geographical supply chain concerns because it elucidates...more

Morrison & Foerster LLP - Government...

SAM Registration Rule Finalized

The FAR Council has finalized, without changes, a 2024 interim rule that adjusted the requirements of FAR 52.204-7. This is the provision that governs an offeror’s registration in the System for Award Management (SAM). The...more

Bass, Berry & Sims PLC

FAR Final Rule Clarifies SAM Registration

Bass, Berry & Sims PLC on

On August 7, the Federal Acquisition Regulatory (FAR) Council issued a final rule, published in the Federal Register, clarifying that an offeror must be registered in the federal System for Award Management (SAM) when...more

Pillsbury - Bid Protest Debrief

Protester Scores Rare Win: Court of Federal Claims Finds Award Cancellation Arbitrary

In CAN Softtech Inc. v. United States, U.S. Court of Federal Claims, No. 24-1009C, July 29, 2025, CAN Softtech Inc. (CSI) protested the General Services Administration’s decision to cancel its award for IT support services...more

Burr & Forman

GAO Warns Protesters of AI Sanctions

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Protesters beware – the Government Accountability Office (“GAO”) wants you to know they can and will sanction misuse of Generative Artificial Intelligence (“GenAI” or “AI”). Four recent decisions issued between May and July...more

Pillsbury - Bid Protest Debrief

“Incumbent-itis” Costs TYD the Contract: GAO Denies Protest Over Incomplete Proposal

In TYD Services, B-423648, July 30, 2025, TYD Services, the incumbent contractor, protested the Army Corps of Engineers’ decision to award a vehicle leasing contract in Qatar to a competitor, Rahman Group, Inc. TYD was...more

Pillsbury - Bid Protest Debrief

Addx Protest Fails: Untimely at the Agency, Too Late for GAO

In Addx Corp., B-423633, July 23, 2025, Addx protested the Air Force’s issuance of a task order to KL3 LLC under the OASIS+ small business IDIQ contract. Addx challenged both the evaluation of its proposal and an alleged...more

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

Wiley Rein LLP

OMB Proposes Procurement Law Changes to Support “Revolutionary FAR Overhaul”

Wiley Rein LLP on

WHAT: The Office of Management and Budget (OMB) recently submitted to Congress 16 proposed changes to procurement laws in support of the “Revolutionary FAR Overhaul” effort, which Wiley has been chronicling here. These...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

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...

Fox Rothschild LLP on

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

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

Navigating Federal Solicitations with Artificial Intelligence

As the federal government continues to modernize procurement processes and embrace emerging technologies, contractors are increasingly turning to artificial intelligence (AI) tools to streamline their responses to...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

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

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