A recent decision by the Court of Appeals for the Federal Circuit provides clear guidance for contract awardees: violations of redaction requirements by protesters or other parties will not save a non-intervening awardee from its failure to protect its contract award. An awardee that chooses not to intervene in a bid protest needs to carefully... Continue Reading…More

In J&J Maintenance, Inc., B-423821.2; B-423821.3 (April 20, 2026), the Government Accountability Office (“GAO”) issued a decision that provides a helpful reminder for government contractors pursuing bid protests. In particular, the decision reinforces the principle that mere identification of a waived or relaxed material solicitation requirement is insufficient for GAO to sustain a protest. The... Continue Reading…More

In Life Science Logistics, LLC v. United States,[1] the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed that a disappointed bidder challenging an agency’s override of a Competition in Contracting Act (“CICA”) stay must only show the override was arbitrary and capricious. The court rejected the government’s argument that the plaintiff must... Continue Reading…More

On April 13th, 2026, President Trump signed the Small Business Innovation and Economic Security Act, which amends the Small Business Act (15 U.S.C. ch. 14A). The Act reauthorizes the Small Business Innovation Research (“SBIR”) and Small Business Technology Transfer (“STTR”) programs through September 30, 2031, while also creating new funding opportunities and enhancing applicant screening... Continue Reading…More

New revelations are emerging almost daily regarding procurement irregularities during the last 14 months at the highest levels of the Department of Homeland Security (DHS). Among other things, former Secretary Noem was featured in a $220 million advertising campaign that reportedly involved a large government contract with a Delaware company created only days before the... Continue Reading…More

On March 6, 2026, the General Services Administration (“GSA”) published a draft contract clause, GSAR 552.239-7001, “Basic Safeguarding of Artificial Intelligence Systems,” that would establish binding requirements for contractors using artificial intelligence (“AI”) under GSA Multiple Award Schedule (“MAS”) contracts. The clause is part of a broader federal push to govern AI procurement.[1] Because the... Continue Reading…More

When does a bidder’s failure to acknowledge an amendment to an Invitation for Bids (IFB) render the bidder nonresponsive? Generally, the FAR requires bidders to acknowledge receipt of material amendments to an IFB, but permits agencies to either allow a bidder to cure its failure to acknowledge an amendment or waive the requirement entirely where... Continue Reading…More

A federal contractor whose contract award is challenged in a bid protest often faces a dilemma: whether to intervene and participate in the litigation. Intervention generally requires an awardee to retain counsel who can be admitted under a protective order at the U.S. Government Accountability Office (GAO) or the U.S. Court of Federal Claims (COFC)—which... Continue Reading…More

The Government Accountability Office’s (GAO) timeliness rules are generally straightforward. But as a recent GAO decision shows, agency statements to disappointed offerors can sometimes blur application of the rules—often to the detriment of a would-be protester. As most government contractors are aware, a protester has 10 days from the time the basis of protest was... Continue Reading…More

As required by the Competition in Contracting Act (CICA), the U.S. Government Accountability Office (GAO) recently published its Annual Bid Protest Report to Congress for Fiscal Year (FY) 2025.[1] Each year, the Comptroller General must report to Congress on (1) any instance in which a federal agency failed to fully implement GAO’s recommendation during the... Continue Reading…More