GAO Clarifies Mentor‑Protégé Joint Venture Past Performance Rules: Agencies Have More Discretion Than Ever
Article By: Nicholas Hopkins, Associate A recent GAO bid protest decision offers more clarity on agency evaluation of JV past performance for mentor‑protégé joint ventures. Due to an evolving regulatory scheme, agencies may evaluate the mentor’s past performance alone. However, agencies have more discretion than ever, and may still require a showing of protégé...
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DHS Update – Limited Source Award Draws Unwelcome Spotlight But Also Provides Valuable Lessons To Contractors About Protest Timing
Article by: Paxton Ouellette, Associate In February 2025, the Department of Homeland Security (“DHS”) began market research related to its upcoming communications campaign to publicize information regarding immigration compliance. To prepare, DHS reviewed industry publications, analyzed recent DHS initiatives, and evaluated vendors that were skilled in hyper-targeted media and advertising services, ultimately identifying “four...
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Second Circuit Revives ATA Judgment Against PLO and PA Following Supreme Court Guidance
Article by: Matthew Saliman, Associate In Waldman v. Palestine Liberation Organization, the Second Circuit issued a significant decision addressing personal jurisdiction, retroactive legislation, and the power of appellate courts to reopen final judgments. The Issue The case arises from claims under the Anti-Terrorism Act (“ATA”) brought by U.S. nationals injured in terrorist attacks abroad....
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Bid Protesters Beware: Don’t Forget to Brief All the Injunctive Relief Factors
Article by: Nicholas Perry, Associate In a recent bid protest decision, Noblis MSD, LLC v. United States, No. 25-1637C (Mar. 19, 2026), the Court of Federal Claims handed protester Noblis a pyrrhic victory. Noblis’s protest concerned an approximately $100 million Department of the Navy contract award to Solute, Inc. for the provision of systems...
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New DEI Executive Order: What Federal Contractors Need to Watch and How to Plan Moving Forward
Article by: Rory Hatch, Associate New Compliance Requirements Are Already Moving On March 26, 2026, President Trump signed a new Executive Order titled “Addressing DEI Discrimination by Federal Contractors,” directing federal agencies to incorporate new DEI-related compliance obligations into federal contracts. Agencies have 30 days to begin adding a mandatory compliance clause, and the...
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D.C.’s 2026 Procurement Overhaul: What Local Businesses Need to Know
Article by: Nicholas Hopkins, Associate As D.C. Mayor Muriel Bowser enters the final months of her term, she is prioritizing an overhaul of D.C.’s procurement framework. The Procurement Reform Amendment Act of 2026 and the Supporting Local Business Enterprises Amendment Act of 2026 are both under consideration by the D.C. Council and on track...
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