Navigating Bid Protest Choices at GAO and COFC
PilieroMazza Annual Review: Lessons from 2023 Contract Claims and Appeals Decisions Affect Approach to 2024 Cases
Recent Bid Protest Decisions Reshape Strategies for Future Government Contractor Success
A Discussion with GAO General Counsel Edda Emmanuelli Perez
PODCAST: Williams Mullen GovCon Perspectives - Recent Updates to the SWaM Certification Process in Virginia
The Benefits of Commercial Item Contracting
U.S. Department of Defense (DOD) contractors with foreign ownership, control, or influence (FOCI) soon will face new requirements. Though cleared DOD contractors have long been bound by FOCI obligations, the new rule will...more
President Donald Trump issued an executive order on federal procurement titled "Restoring Common Sense to Federal Procurement" on April 15, 2025 (the April 15 EO), directing that the Federal Acquisition Regulation (FAR) be...more
Buried in Section 885 of the current draft of the National Defense Authorization Action (NDAA) for Fiscal Year 2025 is a new attempt to figure out how to make unsuccessful bid protesters pay. As of this posting, the NDAA has...more
The Senate approved the Fiscal Year 2025 National Defense Authorization Act (FY25 NDAA) on December 18, 2024. The bill is now on its way to the President’s desk for signature. Of particular note to federal defense contractors...more
On November 17, the Department of Defense (DoD) issued a final rule, implementing Section 874 of the National Defense Authorization Act (NDAA), clarifying that certain DoD-unique statutes and Defense Federal Acquisition...more
The U.S. Department of Defense (DOD) has finalized a proposed rule authorizing the acquisition of commercial products and services using general solicitation competitive procedures known as a "commercial solutions opening"...more
Each month, Venable's Government Contracts Group publishes a summary of recent legal developments of interest to the government contractor community. President Signs Fiscal Responsibility Act Suspending Debt Ceiling: The...more
On January 31, 2023, the Department of Defense proposed amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to enshrine regulations surrounding commercial solutions openings (CSOs). The proposal would...more
Several years after initially proposing the rule and receiving feedback from federal contractors and a prominent government contracting scholar, the Federal Acquisition Regulatory Council recently released a final rule...more
Congress recently passed the FY2023 National Defense Authorization Act (NDAA), authorizing $858 billion in defense spending and implementing some significant changes to federal procurement policy. The bill will now be sent to...more
GOVERNMENT CONTRACTS - 2022 GAO Bid Protest Annual Report: Key Takeaways for Government Contractors - The Government Accountability Office (GAO) recently released its 2022 Bid Protest Annual Report (Report), which...more
Debriefings provide disappointed offerors an invaluable opportunity to hear from agencies directly as to why contract award decisions came out the way they did. Debriefings can also extend the deadlines to file a timely...more
In a bid protest, the record of the actions that the contracting agency took during the procurement is of paramount importance. Regardless of whether a protester files its challenge with the Government Accountability Office...more
In a recent decision, the Government Accountability Office (GAO) sustained a protest challenging the terms of a solicitation because it required that a joint venture (JV) pursuing an Air Force contract hold a facility...more
The Corporate Transparency Act (“CTA”) was enacted as part of the Anti-Money Laundering Act of 2020. The purpose of the CTA is to deter anonymous owners of corporations, limited liability companies, and other entities from...more
The Corporate Transparency Act (CTA), part of the 2021 National Defense Authorization Act enacted into law on January 1, 2021, will impose new beneficial ownership reporting requirements on many companies. The stated purposes...more
After much anticipation, on 14 July 2020, the Federal Acquisition Regulation (FAR) Council issued an interim rule in the Federal Register that will implement Section 889(a)(1)(B) (Part B) of the fiscal year 2019 National...more
The FY 2020 NDAA mandates the FAR be revised to require Contracting Officers to provide the rationale for award and other information to unsuccessful offerors for task or delivery orders. Currently, FAR Part 16 only...more
In this post, we briefly summarize three of the key bid protest decisions published in November 2019....more
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
Department of Defense issues a final rule limiting the ability of defense agencies to use lowest-price, technically acceptable procurement procedures. The new rule takes effect on October 1, 2019 and permits defense...more
Several of the “Section 809” Panel’s recommendations would change the procurement landscape by significantly curtailing the bid protest process and limiting judicial review of procurement decisions. The Section 809 Panel...more
DEFENSE DEPARTMENT - Federal Acquisition Regulation: Evaluation Factors for Multiple-Award Contracts - The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space...more
The FY 2019 NDAA requires DoD study multiple protest filings, and develop a plan for an expedited protest process for small contracts. Congress is concerned about the delays caused by bid protests that have been filed at...more
In a recent decision, GAO addressed timeliness rules for enhanced debriefing situations. Enhanced Debriefing rule does not alter GAO timeliness rules....more