Courts, Boards, & GAO
No Smoking Gun: GAO Backs Navy’s Conflict Investigation in $100 Million Protest
Pillsbury - In Island Creek Associates, LLC, B-423301.3 (Dec. 5, 2025), Island Creek Associates protested the Department of the Navy’s award to StraCon Services...
Back to Basics: Covenant Against Contingent Fees
Koprince McCall Pottroff - Federal contractors are generally familiar with the many FAR provisions listed in a solicitation or contract. So, it can be...
Protester Claimed Awardee’s Subcontractor Had an OCI. Why Did GAO Think the Conflict Had Been Mitigated?
The protester alleged an unmitigable organizational conflict of interest (OCI) due to the awardee’s subcontractor's connections and access to proprietary data. The protester argued...
The Defense Acquisition System, as You Knew It, Is Dead
Clark Hill - Ahead of last week’s release of the 2025 U.S. National Security Strategy, Secretary of Defense Pete Hegseth issued sweeping public statements...
Proposed FY26 NDAA Would Authorize Withholding and Forfeiture of Contract Payments from Incumbent Contractors for Filing Baseless Bid Protests
Venable - On December 8, 2025, the U.S. House and Senate Armed Services Committees released the text of “the final negotiated language for” the...
COFC Reaffirms Domestic Sourcing Regulations as a Viable Basis for Bid Protests
Covington - Recently, in Cosette Pharmaceuticals, Inc. v. United States, the Court of Federal Claims sustained a bid protest, finding that the agency misapplied...
America’s Industrial Backbone: Manufacturing is the Key to Deterrence
Real Clear Defense - The global landscape is increasingly unpredictable, with economic shocks and security threats emerging suddenly and escalating rapidly. To meet these...
Use of Prohibited Font Causes Proposal Disqualification
Steven Koprince - An offeror's use of a prohibited font in its proposal led to the offeror being tossed out of a Department of...
Court Highlights Dire Consequences for Contractors That Mishandle Inadvertently Disclosed Source Selection Information
Pillsbury - The recent decision by the U.S. Court of Federal Claims (COFC) in Marathon Targets serves as a cautionary tale illustrating the harsh...
What is a CTA under the FAR?
Schoonover & Moriarty - There is no heartier bowl of alphabet soup than federal procurement. While efficient, acronyms can introduce confusion when similar things use...
Decades of Lost Potential in Defense Research and Development
War on the Rocks - America’s greatest national security threat is an enemy born from and nurtured by the Pentagon: crippling bureaucracy. It starves...
Top Five Trends and Takeaways from the FY 2025 ASBCA and CBCA Annual Reports
Covington - As fiscal year 2025 closes, both the Armed Services Board of Contract Appeals (“ASBCA”) and Civilian Board of Contract Appeals (“CBCA”) released...
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