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CFC Has Jurisdiction Over "Nonprocurement" Protests

Client Alert | less than 1 min read | 03.29.10

In Resource Conservation Group, LLC v. United States (Mar. 1, 2010), the Federal Circuit found that the Court of Federal Claims had jurisdiction to adjudicate a protest involving a Navy solicitation to lease its own real property to another party. GAO and CFC had each dismissed the protest, but the Federal Circuit held that, although there was no jurisdiction under the bid protest provision inserted by the Administrative Dispute Resolution Act because the Navy's attempt to lease its own property was not a government procurement, the Tucker Act's pre-ADRA, implied-in-fact contract jurisdiction for nonprocurement protests survived because ADRA did not otherwise provide a remedy for such disputes.

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Client Alert | 2 min read | 07.01.25

DoD Establishes New DOGE Approval Process for ITC&MS and A&AS Contracts

On June 23, 2025, the DoD issued a memorandum, “Implementation of Department of Government Efficiency Cost Efficiency Initiative,” to establish a new DOGE approval process for unclassified IT consulting and management services (ITC&MS) contracts or task orders (TOs), and advisory and assistance services (A&AS) contracts or TOs.  The memorandum establishes a formal approval process, which directs DOGE to review and provide input for certain contract requirement packages included in Defense Secretary Pete Hegseth’s May 27, 2025 directive, “Implementation of Executive Order 14222 – Department of Government Efficiency Cost Efficiency Initiative” (“Contract Guidance”). ...