Recently, in Cosette Pharmaceuticals, Inc. v. United States, the Court of Federal Claims sustained a bid protest, finding that the agency misapplied the Trade Agreements Act (“TAA”) during proposal evaluation. That decision is a helpful reminder that the Court can be a hospitable forum for challenging an agency’s application of domestic sourcing regulations.Continue Reading COFC Reaffirms Domestic Sourcing Regulations as a Viable Basis for Bid Protests
“Show Don’t Tell” — GAO Stresses the Importance of Adequately Documenting OCI Investigations
As previously noted, although agency organizational conflict of interest (OCI) investigations are highly discretionary, that discretion is not boundless. GAO’s recent sustain of an impaired objectivity OCI claim in Castro & Company, LLC, B-423689, Nov. 13, 2025, underscores that point, and highlights the need for contracting officers
Continue Reading “Show Don’t Tell” — GAO Stresses the Importance of Adequately Documenting OCI InvestigationsRevolutionary FAR Overhaul Seeks to Make Post-Award, Agency-Level Protests More Enticing
As part of the Trump Administration’s Revolutionary FAR Overhaul[1] (“RFO”), the FAR Council has released a model deviation for FAR Part 33 – Protests, Disputes, and Appeals, which includes changes that seem intended to make agency-level protests more appealing to disappointed offerors. It remains to be seen whether these proposed changes will have the desired effect, particularly in instances where a protester wishes to subsequently re-file at GAO.Continue Reading Revolutionary FAR Overhaul Seeks to Make Post-Award, Agency-Level Protests More Enticing
FAR Overhaul: OMB Sends 16 Legislative Proposals to Congress, Pushing Sweeping Acquisition Reform
The Office of Management and Budget (OMB) has taken the next major step toward implementing the General Services Administration’s (“GSA”) Revolutionary FAR Overhaul (RFO), submitting to Congress 16 legislative proposals aimed at modernizing federal acquisition law and easing statutory burdens on both agencies and contractors on July 16, 2025. The
Continue Reading FAR Overhaul: OMB Sends 16 Legislative Proposals to Congress, Pushing Sweeping Acquisition ReformA Tale of Two Impaired Objectivity Investigations: Key Takeaways for Contractors Navigating Potential Organizational Conflicts of Interest
A pair of recent Government Accountability Office (GAO) bid protest decisions addressing impaired objectivity organizational conflicts of interest (OCIs) highlight the fact-specific and highly discretionary nature of a contracting officer’s OCI investigation, as well as the important role that contractors themselves can play in supporting such an investigation. We discuss these two protests and the key takeaways for contractors below.Continue Reading A Tale of Two Impaired Objectivity Investigations: Key Takeaways for Contractors Navigating Potential Organizational Conflicts of Interest
New Executive Actions Address the Defense Acquisition System, U.S. Maritime Industries, Foreign Military Sales, and “Unlawful” Regulations
President Trump issued a series of executive orders (“EOs”) and presidential memoranda on Wednesday, April 9, that could impact government contractors across a broad range of industries. Among other initiatives, these executive actions seek to reform the defense acquisition system, reinvigorate the U.S. maritime industry, and streamline foreign military sales. The actions also reflect President Trump’s goal of catalyzing innovation and economic growth by reducing regulatory burdens, both in general and in the energy industry specifically.
We briefly summarize below the six April 9 executive actions most likely to impact government contractors.Continue Reading New Executive Actions Address the Defense Acquisition System, U.S. Maritime Industries, Foreign Military Sales, and “Unlawful” Regulations
Percipient.ai, Inc. v. U.S.: Matters of Contract Administration Can Be Fair Game For COFC Protests, Even When They Involve a Task Order
On June 7, 2024, the Federal Circuit issued a major decision addressing bid protest jurisdiction and standing at the Court of Federal Claims (“COFC”). In Percipient.ai, Inc. v. United States, the court found that COFC has jurisdiction to hear a protest challenging a matter of contract administration — even where the matter arose in connection with a task order — and articulated a new test for standing applicable to the facts presented in that case. Continue Reading Percipient.ai, Inc. v. U.S.: Matters of Contract Administration Can Be Fair Game For COFC Protests, Even When They Involve a Task Order
GAO Releases New Procedures for Classified Bid Protests
GAO recently released new procedures for filing and handling bid protests involving classified material. The procedures emphasize that classified material cannot be filed on GAO’s Electronic Protest Docketing System (EPDS) under any circumstances. Instead:Continue Reading GAO Releases New Procedures for Classified Bid Protests
New Contractor Conflict of Interest Rules May Be Coming Soon, with a Special Focus on Consulting and Advisory Contracts
In legislation passed last week, Congress directed the FAR Council to issue new rules for contractor organizational conflicts of interest. The legislation itself did not create any new OCI standards, but provided factors for the council to consider, focusing on conflicts of interest for companies that act as consultants to the government.
It is unclear at this point what the precise nature and extent of the resulting changes to the OCI rules may be. But the new law makes it likely that there will be some fairly significant revisions. Congress set a deadline of Summer 2024 for the new regulations, so the contracting community should be on the lookout for a notice of proposed rulemaking in the coming months, and should not hesitate to submit comments for the government’s consideration.Continue Reading New Contractor Conflict of Interest Rules May Be Coming Soon, with a Special Focus on Consulting and Advisory Contracts
Hit the Road, Jack: GAO Dismisses Multiple LOGCAP V Bid Protests Just Two Days Before the Statutory Deadline for Decision, Highlighting the Perils and Breadth of the “Court of Competent Jurisdiction” Rule
On the eve of deciding an $82 billion dollar protest dispute, GAO dismissed a string of protests without reaching the merits because another contractor filed a protest of the same procurement at the Court of Federal Claims. AECOM Management Services, Inc., B-417506.2 et al., Aug. 7, 2019.
Continue Reading Hit the Road, Jack: GAO Dismisses Multiple LOGCAP V Bid Protests Just Two Days Before the Statutory Deadline for Decision, Highlighting the Perils and Breadth of the “Court of Competent Jurisdiction” Rule