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
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
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
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
Government Accountability Office (GAO) Report: Small Business Contracting, National Nuclear Security Administration (NNSA) Needs Increased Contractor Oversight to Reduce Reporting Errors - On March 13, GAO released a...more
On February 26, GAO denied the protest of Mission Analytics, Inc., challenging the award of a small business set-aside contract to ThunderCat Technology, LLC, explaining that “it is a firm’s responsibility to submit a...more
On December 23, 2024, President Biden signed into law the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2025. The annual bill authorizes spending for the Department of Defense (DOD) while setting other...more
On December 18, 2024, the Senate passed the National Defense Authorization Act for Fiscal Year 2025 (NDAA), which the House of Representatives passed the previous week. President Biden is expected to sign the bill into law...more
SBA’s Proposed Changes to “Rule of Two” Increases Award Opportunities for Small Business Government Contractors. . .Maybe - On October 25, 2024, the Small Business Administration (SBA) published a proposed rule to...more
The U.S. Small Business Administration (SBA) on Oct. 25, 2024, issued a proposed rule aimed at increasing small business participation in multiple award contracts (MACs) by expanding the application of the Rule of Two to...more
Department of Defense (DOD) Proposed Rule: Transactions Other Than Contracts, Grants, or Cooperative Agreements for Prototype Projects - On September 4, DOD published a proposed rule and request for comments regarding...more
7(a) Loan Approval for Borrowers with Unresolved COVID-19 Pandemic Loan Compliance Issues: On May 21, SBA’s OIG issued an inspection report assessing SBA’s 7(a) loan approval process for borrowers with unresolved pandemic...more
Federal Acquisition Regulation (FAR) Council Final Rule: Sustainable Procurement - On April 22, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration published a...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
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
White House Announces New Actions to Support Small Business: ‘Shop Small Today,’ The Hill - On November 25, the Biden administration unveiled new actions intended to increase support for small businesses. In a post on X,...more
Small Business Administration (SBA) Press Release: SBA Announces Biden-Harris Administration’s Progress in Small Business Lending with End-of-Year Capital Program Numbers - On November 21, Small Business Administrator...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
On October 5, the Information Security Oversight Office (ISOO) issued a joint notice (Joint Notice) with the Small Business Association (SBA) and in coordination with the Department of Defense (DOD) clarifying that the...more
On October 5, 2023, the Information Security Oversight Office (ISOO) and the Small Business Administration (SBA) released a Joint Notice that provides guidance on the facility security clearance (FCL) requirements for joint...more
SBA to Require Individually-Owned 8(a) Firms to Support Social Disadvantage Prior to 8(a) Award Approval - As PilieroMazza recently reported, on July 19, 2023, the U.S. District Court for the Eastern District of Tennessee...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
In December 2022, the U.S. Government Accountability Office (GAO) reported on federal research and development (R&D) spending focused on emerging technologies to further economic growth and national security. The U.S. federal...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
GOVERNMENT CONTRACTS - ESOPs Have Opportunity to Shape DOD Pilot Program on Sole Source Follow-On Contracts - In late 2021, the National Defense Authorization Act for Fiscal Year 2022 (FY 2022 NDAA) included a...more
GOVERNMENT CONTRACTS - Biden Signs PRICE Act to Reform Federal Procurement and Help Small Business Contractors, March 9, 2022, Cy Alba President Biden recently signed the PRICE Act (Promoting Rigorous and Innovative Cost...more