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(Re)Ordered: DoD Revises and Reorders ASBCA Rules

Client Alert | 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 | 2 min read | 12.19.25

GAO Cautions Agencies—Over-Redact at Your Own Peril

Bid protest practitioners in recent years have witnessed agencies’ increasing efforts to limit the production of documents and information in response to Government Accountability Office (GAO) bid protests—often will little pushback from GAO. This practice has underscored the notable difference in the scope of bid protest records before GAO versus the Court of Federal Claims. However, in Tiger Natural Gas, Inc., B-423744, Dec. 10, 2025, 2025 CPD ¶ __, GAO made clear that there are limits to the scope of redactions, and GAO will sustain a protest where there is insufficient evidence that the agency’s actions were reasonable....