Articles Posted in Defense Federal Acquisition Regulation Supplement (DFARS)

Posted July 2, 2025

Trap for the Unwary: GAO Clarifies That Agency’s Misleading Statements Do Not Extend Protest Deadline

In SMS Data Products Group, Inc., B-423341, et al. (May 29, 2025), SMS Data Products Group protested a task order award to Abacus Technology Corporation for intranet control support services. While the protest raised several price and evaluation challenges, the most significant issue was timeliness—specifically, when the debriefing ended and the protest clock began ticking. Although the agency gave SMS until February 14 to submit enhanced debriefing questions, the applicable regulation only allowed two business days from the February 11 initial debriefing, making the real deadline February 13. SMS followed the agency’s stated timeline, but GAO still held that the debriefing was closed as of February 11, when it was first issued, and evaluated the protest accordingly. Thankfully, SMS filed its protest early—out of an abundance of caution—and avoided a trap that could have resulted in its entire protest being dismissed as untimely.

Posted March 11, 2025

No Discussion Needed: Court of Federal Claims Dismisses Bid Protest in Helicopter Training Case

by Matt Carter

Matt Carter

In System Studies & Simulation, Inc. v. United States, U.S. Court of Federal Claims, Nos. 24-1429, et al. (March 4, 2025), three disappointed offerors, including System Studies & Simulation (S3), protested the U.S. Army’s decision not to conduct discussions before awarding a contract for Advanced Helicopter Flight Training Support (AHFTS) services. The protesters argued that the Army violated Defense Federal Acquisition Regulation Supplement (DFARS) § 215.306(c), which states that discussions “should” be held for procurements over $100 million.