Insights

On May 7, 2025, GAO issued a decision in Raven Investigations & Security Consulting, LLC, B-423447, warning the bid protest bar that artificial intelligence (“AI”)-based tools utilized without proper oversight may result in severe consequences, including dismissal of the protest and sanctions.

On April 16, 2025, the White House issued an Executive Order (“EO”), “Ensuring Commercial, Cost-Effective Solutions in Federal Contracts,” requiring agencies to meet their needs with commercially available products and services to the maximum extent practicable. The EO reiterates and builds upon the requirements set forth in the Federal Acquisition Streamlining Act of 1994 (“FASA”), which similarly encourages the use of commercial acquisition procedures. Specifically, the EO institutes a required review procedure for certain open acquisition actions and establishes an oversight procedure to be implemented for all acquisitions hereafter.

On April 15, 2025, the White House issued an Executive Order (“EO”), “Restoring Common Sense to Federal Procurement” calling for the reform of the Federal Acquisition Regulation (“FAR”) consistent with the aims of EO 14192, “Unleashing Prosperity Through Deregulation,” which sought to eliminate perceived unnecessary regulatory burdens. Specifically, the April EO notes that the FAR should only contain statutorily required provisions or those “essential to sound procurement,” and it recommends the removal of any FAR provisions that do not advance these objectives.