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
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
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
Gordon Rees Scully Mansukhani presents the latest insights from our Government Contracts group, offering a comprehensive overview of recent significant decisions, regulatory changes, and essential updates for businesses...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
Protect Small Business Opportunities: The “Rule of Two” Faces Potential Elimination - The federal government is actively trying to reduce its size and deregulate agencies across the Executive Branch. As noted in a...more
In A2A Integrated Logistics, Inc., B-423433, May 20, 2025, A2A Integrated Logistics protested a Department of Veterans Affairs (VA) contract award after learning that its proposal had been rejected due to a technical...more
The U.S. Court of Federal Claims recently issued a significant opinion in Gemini Tech Servs., LLC v. United States, holding that the Army’s failure to follow required procedures under the Federal Acquisition Regulation (FAR)...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
In the government contracting world, the term “bid protest” typically elicits visions of an unsuccessful offeror challenging an agency’s evaluation of proposals and award decision. While these “post-award” bid protests may be...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
To kick off the new year, this bid protest spotlight highlights two U.S. Government Accountability Office decisions involving System for Award Management (SAM) registration requirements when submitting an “offer” and an...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
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 November 15, the Government Accountability Office (GAO) denied a protest from AtVentures, LLC, a mentor-protégé joint venture, who challenged its exclusion from consideration for award on the basis that it was able to use...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
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
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
WHAT: On October 25, 2024, the U.S. Small Business Administration (SBA) issued a proposed rule to revise sections of SBA’s regulations (13 C.F.R. Part 125) to apply the Rule of Two to multiple-award contract task and delivery...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
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
While most contractors think of the Government Accountability Office and Court of Federal Claims (or even the agency) when considering whether to challenge a government contract award, there are additional options for small...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
The Small Business Administration (SBA) has released a proposed rule that would significantly alter a number of SBA small business program regulations, including those governing size recertifications. ...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