The Government Accountability Office (GAO), in TLS Joint Venture, LLC, B-422275, recently sustained a bid protest alleging that the contract awardee’s System for Award Management (SAM) registration lapsed between the submission of the offer and award of the contract. The key facts, holdings, and takeaways from this noteworthy case are discussed below. 

The

We recently reported on the Government Accountability Office’s (GAO) decision in AttainX. As we explained, the AttainX decision is noteworthy because the GAO held that, notwithstanding the fact that a solicitation does not require examples from the joint venture itself or the individual members, the Small Business Administration’s (SBA) regulations require the agency to

The Government Accountability Office (GAO), in AttainX, recently sustained a bid protest where the protester argued that the agency’s evaluation was inconsistent with the Small Business Administration’s (SBA) regulations requiring agencies to consider the experience of the individual members of the joint venture if the joint venture itself does not demonstrate experience. This article

The Government Accountability Office (GAO) recently issued its annual bid protest report. As discussed below, this year’s report is noteworthy for multiple reasons, including that it shows that protesters received some form of relief from the procuring agency in more than half of the protests filed with the GAO in fiscal year (FY) 2022.

DoD to Expand Enhanced Debriefings RightsThe Department of Defense (DoD) recently proposed to amend the Federal Acquisition Regulation Supplement (DFARS) to codify and expand on the rules set forth in DoD’s March 2018 Class Deviation on Enhanced Postaward Debriefing Rights. The proposed rule addresses separately post-award debriefing rights for contract awards and task/delivery order awards.

Contract Awards

Regarding contract

GAO Clarifies the Scope of Its Jurisdiction over OTA ProtestsThe Government Accountability Office (GAO), in Spartan Medical, Inc., B-419503, recently clarified the scope of its jurisdiction over bid protests involving an agency’s use of its other transaction agreement (OTA) authority. The GAO’s decision in this case is noteworthy because agencies are increasingly relying on OTAs to meet their procurement needs.

The Facts

10 Reasons to Intervene in Bid ProtestsAs we noted recently, the number of bid protest filings peaks in October as a result of increased government spending at the end of the government’s fiscal year, which ends September 30. Thus, our previous article provided a fiscal year-end refresher for government contractors on the process for intervening in bid protests at both

Intervention in Bid Protests: A Fiscal Year-End RefresherAs a result of increased government spending at the end of the government’s fiscal year — which is the 12-month period beginning on October 1 and ending on September 30 — the number of bid protest filings peaks in October. Accordingly, government contractors should be particularly mindful this time of year of their rights

Gimme Some Money! – Recent GAO Cases on Recovering Bid Protest CostsAlthough the film This Is Spinal Tap was released in 1984, a bid protest attorney whose client has gotten corrective action or had a protest sustained might still hum along with that film’s song, Gimme Some Money, when thinking about the recovery of protest costs. A protester’s urge to “turn it up to eleven”