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Articles Posted in Department of Defense (DoD)

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COFC Warns: Protesters Must Prove Capability, Not Just Claim It

In KL3, LLC v. United States, U.S. Court of Federal Claims, No. 24-2028 (June 2, 2025, reissued June 12, 2025), KL3 challenged the Department of Defense’s award of two sole-source contracts under the SBA’s 8(a) program, arguing that the agency improperly circumvented small business rules by breaking up and reclassifying…

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COFC Claims Its Turf: Court Affirms Jurisdiction Over OTA Protests

Raytheon Company v. United States, U.S. Court of Federal Claims, No. 24-1824C (Feb. 24, 2025)​ addresses a long-standing legal gray area: Can the Court of Federal Claims (COFC) hear bid protests involving Other Transaction Agreements (OTAs)? In Raytheon v. United States, the Court ruled definitively: Yes, it can. This landmark…