1. Home
  2. |Insights
  3. |(Re)Ordered: DoD Revises and Reorders ASBCA Rules

(Re)Ordered: DoD Revises and Reorders ASBCA Rules

Client Alert | less than 1 min read | 07.23.14

On July 21, DoD published a final rule to update the Rules of the Armed Services Board of Contract Appeals, "revis[ing] and reorder[ing] the Board's Rules for clarity and consistency and account[ing] for changes in technology." Attached is a redline document reflecting the changes to the Board's rules, which, notably, formalize prior guidance on issues such as summary judgment briefing and filing by electronic mail and add two addendums: (1) Equal Access to Justice Act Procedures, and (2) Alternative Methods of Dispute Resolution.


Insights

Client Alert | 3 min read | 07.23.26

Protester Beware: Recent GAO Decision Suggests Traditional “Reasonable Possibility” Prejudice Standard May Be Evolving

It is well established that “[c]ompetitive prejudice is an essential element of every viable protest.” Yet, for decades, the U.S. Government Accountability Office (GAO) has tempered this requirement with two critical corollaries: protesters need only demonstrate a “reasonable possibility” that they were prejudiced by an agency’s actions, and GAO “will resolve doubts regarding prejudice in favor of the protester.” These principles have been consistent features of GAO’s bid protest jurisprudence for more than 30 years. See, e.g., United Int’l Eng'g, Inc., B-245448, Jan. 29, 1992, 71 CPD ¶ 177....