The Federal Acquisition Regulation (“FAR”) states that in a procurement by sealed bidding, “after bids are publicly opened, an award will be made…to that responsible bidder whose bid, conforming to the invitation for bids [“IFB”], will be most advantageous…considering only price and price related factors included in the invitation.” FAR 14.101(e). A bid shall be rejected, as stated in FAR 14.404-2, because it: • Fails to conform to the essential requirements of the [IFB] • F

It is rare to see an agency ignore a specific injunctive order of the Court of Federal Claims (“CFC”), and even rarer to see an enforcement action requested and enforcement granted in a government contracting matter. However, Gemini Tech Services v. United States et a l, No. 24-1494 (Fed. Cl. Feb. 5, 2026) is such a case. Indeed, Gemini is only one of the total of six reported enforcement actions filed at the CFC in the years 1961-Feb. 2026. Those cases are as follows: Gemi

The Government Accountability Office (“GAO”) denied a request for reconsideration of a decision dismissing a protest because the protester was not an interested party since there was an “intervening offer, i.e. another offeror in line to receive award if the protest was sustained.  GAO held that it would not reconsider the decision because the requesting party failed to show that the original protest decision contained either errors of fact or law or information not previousl

The Department of Interior, National Park Service (“NPS”) issued a sole source notification stating that it intended to issue a purchase order to renew software licenses for an existing human resources platform provided by Government Retirements and Benefits (“GRB”). Economic Systems, Inc. (“Economic Systems”) protested at the Government Accountability Office (“GAO”) stating that the agency’s decision to limit sources to GRB was unreasonable because it could offer a platform

The Navy issued a solicitation for a Blanket Purchase Agreement (“BPA”) for accepting and filling orders placed by the Navy for parts for maintenance, repair and operations of ship stores, including their operation, with the contractor’s own labor,. The solicitation stated that services/products can be ordered under this BPA,” and also stated that “This BPA does not obligate any funds [but can] be obligated by placement of calls under Federal Acquisition Regulation (“FAR”) S

US Pan American Solutions (“US Pan”) moved for reconsideration of the Armed Services Board of Contract Appeals (“Board”) decision dated April 25, 2025 ( US Pan Am. Sols.,LLC, ASBCA No. 63957, 25-1 BCA ¶ 38,814) where the Board dismissed its appeal for lack of jurisdiction as untimely filed.  US Pan Am. Sols ., ASBCA 63957, August 18, 2025. The appeal was filed 91 days. US Pan contends that its appeal was filed 91 days after the final decision of the contracting officer, but t

Consider the following statements from the Government Accountability Office (“GAO”) Warfighter Focused Logistics, Inc., B-43546 and B-423456.2, August 5, 2025 decision, with particular attention to the highlighted sentences (references are omitted). The GAO has now clarified its pleading standards as follows: [Protester, Warfighter Focused Logistics, or “WFL”] contends that the agency's evaluation of VMP's quotation was unreasonable. Specifically, the protester alleges VMP [

If you were a health care contractor providing emergency room health care services to a rural hospital, and your government contract ended, would you continue to provide those services despite the fact that the Contracting Officer refused to pay more than $8 million for your submitted and undisputed invoices over a period of 7 months?  Tribal Health, LLC (“Tribal”) did so at the Pine Ridge Indian Hospital in order to ensure continued emergency room services because it was the