govconjudicataTM

Today, the U.S. Court of Federal Claims ("COFC") issued a notice on its website stating that it will remain open with sufficient staffing to support its constitutional and statutory obligations, which includes its bid protest function under the Tucker Act. This is consistent with what I provided in my article last week, Bid Protests During a Partial Government Shutdown . As the COFC notice states, all proceedings – including bid protests – will take place as scheduled and

Today, the Government Accountability Office ("GAO") issued a notice on its website and via its Electronic Protest Docketing System, or EPDS, stating that it will remain open during the partial government shutdown. This is consistent with what I wrote in my article last week, Bid Protests During a Partial Government Shutdown . As the GAO notice states, while deadlines are tolled for agencies that experience a lapse in appropriations, protesters are still required to meet al

A recent decision from the Government Accountability Office (“GAO”) highlights a growing – and increasingly risky – trend in bid protest practice: the continued perfunctory use of artificial intelligence (“AI”) or large language model (“LLM”) tools to assist with protest filings. Protesters should heed this decision because it, once again, reminds industry that GAO reserves the right to issue sanctions where a protester's actions undermine the integrity of its bid protest pro

This week's Weekly Debrief covers the partial government shutdown, space contracting, federal program fraud, and SBA's 8(a) program suspensions. Shutdown CBS News – What to know about the partial government shutdown as funding lapses for many agencies "Funding for many federal agencies expired at 12 a.m. on Saturday after Congress failed to pass half a dozen spending bills before the deadline, prompting a partial government shutdown. The funding lapse comes despite the Senate

[My #govconthoughts  series provides a quick take  on recent developments in the government contracting space.] It appears that Congress may not be able to pass funding legislation for the six stalled appropriations bills by the end of the week, which means that a partial government shutdown is once again on the horizon. I recently provided a top-level overview for contractors on how to navigate the shutdown, including key legal considerations and practical guidance for dea

We are not even through January 2026, and a lapse in federal appropriations appears increasingly possible, raising the prospect of a partial government shutdown. Multiple funding bills – including for the Department of Defense, the Department of Homeland Security, and the Department of Health and Human Services – remain stalled. And while government shutdowns are nothing new, they can be confusing to navigate and present contractors, both large and small, with meaningful leg

[My #govconthoughts  series provides a quick take  on recent developments in the government contracting space.] Today, the U.S. Small Business Administration ("SBA") published a news release announcing its new 8(a) Program guidance (and clarifications). As SBA notes, the guidance reiterates its view that " race-based discrimination within the 8(a) Business Development Program is unconstitutional and unlawful." The news release further states that SBA suspended over 1,000 8