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) in establishing a competitive range for a logistics support procurement at Redstone Arsenal, Alabama, prejudiced the protestor and warranted injunctive
In a cautionary decision that reinforces the importance of strict compliance with solicitation instructions, the Government Accountability Office (GAO) recently denied in part and dismissed in part a protest challenging a contractor’s elimination from a U.S. Department of Agriculture (USDA) procurement.
The recent case — FI Consulting, Inc. (FIC) — centers on a seemingly minor
In the recent MicroTechnologies LLC and SMS Data Products Group, Inc. decisions, the Government Accountability Office (GAO) sustained protests challenging the Agency’s failure to perform the required price risk analysis under DFARS 252.204-7024. These cases mark the first time the GAO has addressed the application of the relatively new DFARS provision.
This article discusses the
With the inauguration of President Donald Trump and the Republican Party taking control of both houses of Congress, the renewable energy industry is faced with great uncertainty, including the potential for immediate impacts on the regulatory environment based on recent executive action.
On January 20, 2025, President Trump issued a memorandum instructing federal agencies to
In January 2023, the U.S. Army Corps of Engineers (USACE) issued an invitation for bids (IFB) for a dune and berm replenishment and renovation project along the New Jersey coast. The USACE received two sealed bids for the project, but both bids exceeded the independent government estimate (IGE) for the project by over $21 million.
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.
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.
The 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.
Regarding contract