2024-2025 Bid Protest Decisions with Far-Reaching Impacts for Government Contractors
Navigating Bid Protest Choices at GAO and COFC
DE Under 3: U.S. GAO Report on Military Spouse Employment Focused on Challenges of Part-Time Work
A Discussion with GAO General Counsel Edda Emmanuelli Perez
GovCon Perspectives Podcast Episode 24: Effective Use of “Open and Frank” Discussions in Bid Protests
Award Protests: Choosing the Forum
How to Assess the Likelihood of Success in Deciding Whether to Bring a Bid Protest
GSA to Oversee Federal Purchasing: A Step Toward Efficiency or a Challenge for Agencies and Contractors? On March 20, 2025, President Trump signed an executive order to consolidate federal procurement under the General...more
This month’s bid protest roundup highlights one decision from the U.S. Court of Appeals for the Federal Circuit, addressing a proposal timely submitted but received late, and two decisions from the U.S. Government...more
This month’s Law360 Bid Protest Roundup focuses on two Government Accountability Office (“GAO”) decisions and one Court of Federal Claims (“COFC”) decision. From COFC jurisdiction and standing, to meaningful relationship...more
Beyond their immediate purpose of resolving procurement disputes, bid protest decisions of the Government Accountability Office (GAO) and the U.S. Court of Federal Claims are valuable in two other ways. First, these rulings...more
This article is part of a monthly column that provides takeaways from recent bid protest cases. In this installment, we highlight decisions from the U.S. Court of Appeals for the Federal Circuit, the U.S. Government...more
This article is part of a monthly column that provides takeaways from recent bid protest cases. This installment highlights three decisions from the U.S. Government Accountability Office. Each of this month's decisions...more
Claims Updates - Adapt Consulting, LLC v. General Services Administration, CBCA 7213, 7393 (July 22, 2024) - The Civilian Board of Contract Appeals sustained a contractor’s appeal of its termination for default for the...more
The first decision, Kearney & Co. v. U.S., explores the ability of contractors to use labor mapping to bridge differences between an agency's stated needs and a contractor's offerings under its U.S. General Services...more
In the late 1990s, the General Services Administration (GSA) created the concept of Contractor Teaming Arrangements (CTAs). Unlike the contractor teaming arrangements described under FAR 9.601, which simply describe a joint...more
Federal Acquisition Regulation (FAR) Council Notice: FAR Part 40, Information Security and Supply Chain Security, Request for Information (RFI) - On April 10, the General Services Administration, Department of Defense,...more
Companies competing for federal contracting opportunities now have yet another reason to fear their proposals being rejected and their awards getting overturned....more
WHAT: The Government Accountability Office (GAO) sustained a disappointed offeror’s protest alleging that a solicitation’s inclusion of FAR 52.204-7 required the awardee to be found ineligible because its System for Award...more
Keys to Avoiding GAO’s Timeliness Trap - GAO’s recent decision in Marathon Medical Corporation provides a cautionary tale for government contractors seeking to protest the terms by which an agency conducts a procurement....more
House Passes $460 Billion Package of Spending Bills. Senate Expected to Act Before Shutdown Deadline, Federal News Network - The House passed a $460 billion package of spending bills Wednesday that would keep money...more
Focus on SBA’s SBIC Program, Part 3: Demystifying the Intricacies of the SBIC Application Process - The Small Business Investment Company (SBIC) program is emerging as a powerful financial tool for small business...more
Since our last Bid Protest Hub article in November, the Government Accountability Office (“GAO”) has published 37 bid protest decisions, two of which have resulted in decisions sustaining the protester’s challenge. As we...more
Department of Defense (DOD) Final Rule: Defense Federal Acquisition Regulation Supplement (DFARS) Consolidation of DOD Government Property Clauses - On December 22, 2023, DOD issued a Final Rule amending the DFARS to...more
H.R. 357, Ensuring Accountability in Agency Rulemaking Act, Passed House - On December 12, the House passed legislation requiring the vast majority of rules issued by federal agencies to be signed and issued by a...more
Department of Defense (DOD) Proposed Rule: National Industrial Security Program Operating Manual (NISPOM); Amendment - On December 13, the DOD published a proposed rule amending the NISPOM based on public comments...more
Department of Defense (DOD) Final Rule: Inapplicability of Certain Laws and Regulations to Commercial Items - DOD issues this Final Rule to amend the DFARS to address the inapplicability of certain laws and regulations to...more
Protecting Our Nation’s Data, Part 1: Cybersecurity Standardization Requirements for Unclassified Federal Information Systems - New standardized cybersecurity compliance requirements are inbound. In early October 2023, the...more
GOVERNMENT CONTRACTS - Federal Court Prohibits SBA’s Use of Rebuttable Presumption for 8(a) Program - On July 19, 2023, the U.S. District Court for the Eastern District of Tennessee issued an important decision where...more
Welcome to Jenner & Block’s Government Contracts Legal Round‑Up, a biweekly update on important government contracts developments. This update offers brief summaries of key developments for government contracts legal,...more
In a recent decision, the Government Accountability Office (GAO) found the General Services Administration (GSA) improperly awarded a lease to a firm whose proposal failed to comply with a material solicitation...more
BID PROTESTS - GAO Sustains Protests of CIO-SP4 Procurement - On June 29, 2023, the Government Accountability Office (GAO) sustained protesters’ challenge of the Department of Health and Human Services (HHS), National...more