“Good Enough for Government Work?” Lessons for Contractors from Revelations Counseling and Consulting, LLC v. United States
Everyone has heard the phrase “good enough for government work,” used with a wink to describe work that clears the bar without going the extra mile. A new decision from the U.S. Court of Federal Claims makes clear that for mandatory certification requirements in a solicitation, “good enough” isn’t good enough at all. In Revelations […]
When “Too Low” Isn’t a Protest: Price Realism vs. Price Reasonableness in B-424336, Mustang Survival Manufacturing, Inc.
The distinction between price realism and price reasonableness continues to trip up even sophisticated protesters. GAO’s recent decision in B-424336 reinforces a familiar, but often misunderstood, rule: in order to challenge an agency’s failure to conduct a price realism analysis, the solicitation must expressly notify offerors that the agency may, as a part of its […]
Five Percent to Stay Quiet: How the New “Loser Pays” Rule Discourages Legitimate Procurement Challenges
There is a quiet way to discourage people from challenging the government, and it is not to forbid the challenge. It is to attach a price to it. Section 875 of the Fiscal Year 2026 National Defense Authorization Act, signed into law in December 2025, does exactly that. It directs the Department of Defense to […]
When Corrective Action Collides with a Government Shutdown: GAO’s April 13, 2026 Decision in Identity One, LLC
Ideally, “corrective action” taken in response to a bid protest is supposed to fix a problem — not create a new round of disputes. But what happens when an agency announces corrective action, only to discover that the contractor has already performed most of the requirement during a Government shutdown? The Government Accountability Office’s (GAO) […]
Recent Developments in Federal Appropriations Law and Source Selection
There have been a few important updates in federal appropriations law and source selection processes this summer. Here is what federal contractors should know: Government Accountability Office (“GAO”) Reinforces Congress’ Funding Authority Under the Impoundment Control Act (“ICA”), the President (and any other officer or employee of the Executive Branch) can pause or cancel spending […]
The Telesto Decision: COFC’s OTA Bid Protest Jurisdiction
On June 2, 2025, the Court of Federal Claims (“COFC”) issued a notable decision in Telesto Group, LLC v. United States, clarifying when the Court has jurisdiction to hear bid protests involving the Department of Defense’s (“DoD”) use of Other Transaction Authority (“OTA”). OTAs are legally defined as agreements “other than contracts, cooperative agreements, and […]