FAR & Beyond: Reflections on the Federal Acquisition Service Reorganization
On May 1st , the General Services Administration (GSA) announced the formal restructuring of the Federal Acquisition Service (FAS) to strengthen the acquisition workforce and aid overall procurement consolidation. The new FAS structure consists of five new offices:
1) Office of Assisted Acquisition Services (Assist);
2) Office of Centralized Acquisition Services (Centralize);
3) Office of Acquisition Solutions Development (Create);
4) Office of Shared Services Delivery (Deliver); and
5) Office of Business Optimization (Optimize).
The announcement also noted that, as part of the reorganization, a sixth new FAS office (Transform) will focus on accelerating automation and implementing artificial intelligence solutions.
The new FAS makes procurement and business sense. It effectively leverages resources across the organization, creating a framework that will enhance the transparency, timeliness, and productivity of procurement and other shared services operations for customer agencies, industry partners, and the American people. There is a lot to unpacking to do when discussing the new FAS structure. This week’s FAR & Beyond is the first in a series of periodic blogs reflecting on key aspects of the restructured FAS, highlighting opportunities and considerations for the new FAS in delivering best value mission support for customer agencies and the American people.
A key feature of the FAS structure is the consolidation of GSA’s major governmentwide contract vehicles into the Office of Acquisition Solutions Development, also known as the “Create” office. Under the previous FAS structure, the Multiple Award Schedule (MAS) program was divided into four separate offices, creating unnecessary variations in contract management operations across the program. Similarly, GSA’s family of IT GWACs and the OASIS and OASIS+ contract vehicles were in two separate offices. The consolidation of the MAS program, the IT GWACs, and the OASIS program in “Create” provides operational and strategic opportunities for a more efficient, effective, and complimentary portfolio of governmentwide contract vehicles serving customer agencies.
The consolidation of these contract vehicles in Create provides an opportunity to enhance support, training, and development of the acquisition workforce. The new Create eliminates unnecessary stovepipes in procurement operations, providing a management structure that will address inconsistencies in dealing with GSA’s industry partners. Consistency in procurement processes remains a major hurdle for companies navigating the MAS program. It can now be addressed by a single management team. The new Create also provides a management structure that enhances operational and management flexibility. Create is now able to more effectively leverage and allocate the collective resources of the governmentwide contract vehicle programs based on workload across the portfolio. Regarding the contract vehicles themselves, Create is in a position to enhance the opportunities for industry to provide commercial solutions through its government-wide contract vehicles.
Finally, the systems supporting these government-wide contract vehicles also reside in the Create office. This is another positive step. Locating the systems in the same office as the contract vehicles programs that they support fosters greater coordination, better understanding of business processes and operational requirements, and a unity of effort/vision that can further enhance effectiveness and efficiency.
House NDAA Highlights Acquisition, AI, and Cybersecurity Priorities
MeriTalk reports that the House Armed Services Committee has released its $1.15 trillion fiscal year 2027 National Defense Authorization Act (NDAA). The FY27 NDAA focuses on defense industrial base expansion, acquisition reform, military modernization, and emerging technology initiatives involving artificial intelligence (AI), cybersecurity, and quantum computing.
The House version of the NDAA aligns with the Administration’s discretionary defense budget request but does not include the additional $350 billion in defense funding the Administration has proposed through the budget reconciliation process. Lawmakers in both parties have raised questions regarding the reliance on reconciliation funding for several major defense technology initiatives.
The legislation places a significant emphasis on acquisition and industrial base policy, including efforts to expand multiyear contracting authorities, strengthen domestic manufacturing and supply chain resilience, reduce acquisition barriers, and accelerate the adoption of commercial technologies across the Department of War (DoW).
The bill also includes several provisions related to AI and cybersecurity. These provisions include the establishment of an AI incident and vulnerability reporting program, the creation of a rapid AI deployment framework for enterprise AI systems, and expanded cyber monitoring and modernization efforts for weapon platforms and military systems.
The House Armed Services Committee is scheduled to begin markup of the legislation on June 4. The Senate is expected to release its version of the NDAA later this summer before the two chambers reconcile their respective bills.
GSA Joins White House Task Force to Eliminate Fraud
The General Services Administration (GSA) announced that it is joining the White House Task Force to Eliminate Fraud, expanding the Administration’s broader governmentwide effort to identify and address fraud, waste, and abuse across federal programs.
Established under Executive Order 14395, the Task Force is focused on uncovering improper payments, strengthening oversight, and addressing vulnerabilities across federal benefit and contracting programs. According to the announcement, GSA will contribute its expertise in federal acquisition, technology modernization, shared services, and government operations to support the initiative.
GSA stated that its governmentwide role in procurement and contracting positions the agency to help identify irregularities, strengthen oversight efforts, and support cross-agency coordination related to fraud prevention and investigations. The agency also noted that it plans to leverage analytical capabilities and operational expertise to help detect high-risk fraud patterns and improve accountability across federal systems.
According to the announcement, the initiative reflects a broader whole-of-government approach focused on improving transparency, operational integrity, and efficiency across federal programs and procurement activities.
Proposed NDA for Federal Employees to Cover Procurement
The Office of Personnel Management (OPM) is proposing to develop a nondisclosure agreement (NDA) for Federal employees. According to the OPM’s notice in the Federal Register, the NDA “is intended to document Federal employees’ acknowledgment of, and agreement to comply with, current legal obligations to safeguard non-public, confidential, or proprietary information, created or obtained through their official duties, while expressly preserving the right to make disclosures authorized by law.” OPM defines “confidential government information” for the NDA as:
“all non-public, confidential, or proprietary information, to include, but not be limited to, information relating to internal agency operations, personnel matters, procurement processes, or any sensitive, pre-decisional or deliberative material that is not currently publicly available and should not be disclosed under applicable law.”
The draft NDA template is posted for review here. OPM is accepting public comments on the proposed NDA within the next 30 days. They are especially interested in input from the public on the following:
- What scope of information should be covered by the NDA? Should it cover only unclassified information? How do you understand the terms confidential and confidentiality in the context of this NDA? What customization of the NDA, if any, may be necessary for agencies to ensure it covers the appropriate information?
- Does the NDA clearly communicate the types of information that would be subject to non-disclosure requirements? If not, how could OPM better describe what information can or cannot be disclosed to ensure employees have appropriate notice of their responsibilities?
- Are there other statutes to which OPM should cite in Appendix A of the NDA when describing the nondisclosure requirements applicable to individuals working for or on behalf of the Federal government?
- Do you have suggestions regarding the layout or formatting of the NDA?
- Does the Privacy Act statement in the NDA provide sufficient notice to employees of the authorities, principal purposes, routine uses, and effects of the form?
- Does the OPM/GOVT-1 system of records notice provide sufficient notice that the government-wide system of records would maintain records related to the signing of, or failure to sign, the NDA?
- What are the appropriate actions, if any, for agencies to consider taking if existing employees choose not to sign the NDA?
- What are the appropriate actions, if any, for agencies to consider taking if new employees choose not to sign the NDA?
- Does the NDA clearly communicate the potential consequences of refusal to sign the form for both existing and new employees, along with whether signing the form is voluntary or mandatory?
- What else should OPM consider with regard to the NDA??
The Coalition is interested in whether member companies would like us to submit comments to OPM on the draft NDA. Please send your feedback on whether the Coalition should submit comments, or any of the above questions, to Greg Waldron at gwaldron@thecgp.org.
GSA Details New Federal Acquisition Service Reorganization
Federal News Network reports that GSA’s recent reorganization of the Federal Acquisition Service (FAS) was driven by changing federal buying patterns, internal operational challenges, and industry feedback regarding inconsistencies across acquisition programs.
According to Laura Stanton, FAS Acting Commissioner, the organization’s revenue has more than doubled over the past decade, reaching over $115 billion in fiscal year 2025. Stanton stated that GSA identified opportunities to better align business processes, modernize IT systems, and improve consistency across the Multiple Award Schedule (MAS) program, which had previously been spread across several different portfolios.
Federal News Network reports that the new FAS structure is organized into five business portfolios:
- Assist – The Office of Assisted Acquisition Services will continue providing specialized acquisition support for complex agency requirements.
- Centralize – The Office of Centralized Acquisition Services (Centralize) will focus on supporting smaller-dollar acquisitions for agencies and commissions.
- Create – The Office of Acquisition Solutions Development (Create) will oversee major governmentwide acquisition solutions, including the MAS program, OneGov, Alliant 3, Polaris, OASIS+, and Enterprise Infrastructure Services (EIS).
- Deliver – the Office of Shared Services Delivery (Deliver) consolidates programs such as SmartPay, USAccess, federal Public Key Infrastructure (PKI), fleet management, and global supply services into a single organization focused on operational consistency and customer experience.
- Optimize – The Office of Business Optimization (Optimize) will focus on standardizing internal business processes, modernizing IT systems, strengthening governance, and improving enterprise decision-making across FAS.
Stanton stated that the reorganization is intended to improve consistency for industry partners and agency customers while reducing administrative burdens and modernizing acquisition systems. According to the report, GSA leadership has been developing the new structure for more than a year, with implementation efforts expected to continue over the coming months.
Off the Shelf: The Reorganization of GSA’s Federal Acquisition Service
Alan B. Thomas Jr., founder of Alpha Tango Strategies and former FAS Commissioner, joined host Roger Waldron on Off the Shelf to discuss the recently announced reorganization of GSA’s Federal Acquisition Service (FAS).
Thomas shares his perspective on the operational and market considerations driving the reorganization and outlines the potential roles and responsibilities of the five new FAS offices created under the new structure.
The conversation also explores broader acquisition policy developments impacting the federal marketplace. Thomas discusses the Administration’s recent executive order emphasizing firm-fixed-price contracting, along with his thoughts on contract consolidation and what these changes could mean for agencies and industry partners moving forward.
Listen to the full interview here.
VA Secretary Praises Successful VA EHR Deployments
NextGov reports that Department of Veterans Affairs (VA) Secretary Doug Collins recently testified before Congress regarding what he described as a “flawless” rollout of the VA’s new electronic health records (EHR) system at four Michigan medical facilities. The deployments marked the first new EHR rollouts since March 2024.
Despite the program’s past difficulties, Collins accelerated the planned deployment schedule after taking office, adding nine additional sites to the VA’s 2026 rollout plans and bringing the total number of scheduled deployments this year to 13. Collins stated that the Michigan implementation “had a phenomenal rollout,” adding that his “only problem” is that additional VA medical centers now want to move ahead in line to adopt the new system.
According to Collins, earlier deployments encountered significant challenges because individual VA hospitals “were allowed to act as if they were independent, not connected, and do whatever they wanted to do,” creating interoperability and software integration problems across facilities. Collins stated that the Michigan rollout emphasized greater standardization across hospitals to improve compatibility and system performance.
The Administration’s fiscal year 2027 budget proposal requests $4.2 billion for continued EHR deployments, while the House-passed appropriations measure would provide $3.4 billion for the modernization effort.
HHS Accelerates Healthcare Data Sharing and AI Efforts
MeriTalk reports that federal health IT officials are accelerating efforts to improve nationwide healthcare data sharing and prepare healthcare systems for broader AI adoption. Speaking at the AFCEA Bethesda Health IT Summit, Dr. Thomas Keane, National Coordinator for Health IT at the Department of Health and Human Services (HHS), highlighted the Office of the National Coordinator for Health IT’s (ONC) ongoing efforts to improve interoperability and modernize healthcare technology infrastructure.
According to Keane, the Trusted Exchange Framework and Common Agreement (TEFCA) has become a central component of those efforts by helping reduce longstanding healthcare data silos. Keane stated that nearly one billion health records have been exchanged through TEFCA across more than 80,000 organizations this year, a significant increase from approximately 10 million exchanges in early 2025.
Keane explained that expanded data sharing can improve patient care by allowing clinicians to access medical histories, medications, and allergy information across healthcare systems. He also noted that broader interoperability provides AI systems with more complete and reliable data to support future healthcare applications.
In addition, Keane discussed new requirements aimed at reducing healthcare costs and administrative burdens. By the end of 2027, certified electronic health record systems will be required to provide patient-specific prescription pricing information and lower-cost therapeutic alternatives during the prescribing process.
GAO Releases Framework for Assessing U.S. AI Competitiveness
The Government Accountability Office (GAO) has released a new framework designed to assess U.S. competitiveness in AI relative to other nations amid growing global competition for AI leadership.
The framework, outlined in a May 21 report, is intended to help analysts identify and prioritize factors influencing AI competitiveness and develop policy options to strengthen the United States’ position in the global AI landscape. According to GAO, a nation’s AI competitiveness is defined by “how well it develops or deploys AI technologies compared to other nations.”
The report identifies several key drivers of AI competitiveness, including public and private investment, talent recruitment and retention, regulatory environments, and computing infrastructure. GAO organized the framework into four primary pillars: Science and Technology, Human Capital, Governance, and Economy. These categories include factors such as research and development, workforce development, laws and regulations, and investment and financing.
GAO developed the framework through a literature review and interviews with subject matter experts. The agency also outlined a four-step process for evaluating AI competitiveness, including identifying targeted outcomes, selecting indicators for measurement, conducting data analysis, and developing policy. GAO stated that the report does not assess the U.S.’ current AI competitiveness position but instead establishes a framework for future analysis and policymaking efforts.
Contractor DEI Requirements Move Forward Amid Legal Challenge
Federal News Network’s Terry Gerton recently spoke with Dan Ramish, Partner at Haynes Boone, regarding the Administration’s latest executive order addressing diversity, equity, and inclusion (DEI) policies for federal contractors and the ongoing legal challenge surrounding its implementation.
During the discussion, Ramish outlines how federal agencies are beginning to implement the new requirements through contract clauses and explains the potential implications for contractors and subcontractors across the federal marketplace. He also discusses the timeline for incorporating the new clause into existing contracts, the compliance expectations facing contractors, and the legal arguments currently being raised in federal court challenging the executive order.
The conversation also explores the potential impacts on subcontractor oversight, contractor compliance strategies, and the broader uncertainty facing companies as agencies move forward with implementation while litigation remains ongoing.
Listen to the full interview here.
Agency Heads Urge Expanded GSA Access to Federal Buildings Fund
GovExec reports that more than 20 federal agency heads recently signed a letter to House and Senate leaders recommending that GSA receive full access to the Federal Buildings Fund (FBF) to better address repair and maintenance needs across the federal government’s real property portfolio.
“Despite the rental payments made to GSA by federal departments and agencies, GSA is consistently unable to access requisite [repairs and alterations] funding due to persistent underfunding by Congress,” the letter states. “Consequently, cyclical reinvestment to maintain federally owned facilities in a state of good repair has become a luxury — rather than a necessity.”
Congress originally established the FBF as a revolving fund for GSA’s real property operations. Federal agencies pay rent to GSA for workspace, and those payments are deposited into the FBF to support construction, lease payments, repairs, and other property-related activities. However, Congress places annual limits on how much funding GSA can spend from the account for budgetary purposes.
According to the report, agency leaders argue that these funding limitations have significantly contributed to an estimated $26 billion deferred maintenance backlog. GSA has stated that the FBF has been “chronically underfunded” by more than $15.6 billion since 2011, which the agency says complicates efforts to support the Administration’s goals of reducing the federal real estate footprint through consolidation.
The agency heads also urged lawmakers to raise the prospectus threshold requiring congressional approval for property alterations from approximately $4 million to $75 million for “routine and emergency maintenance” projects and to $10 million for all other alterations.
Tech Force Program Begins Onboarding New Federal Technology Hires
FedScoop reports that the Administration’s Tech Force program has begun onboarding new hires as part of a broader effort to strengthen the Federal Government’s technology workforce. According to Tech Force Director Kevin Hennecken, approximately 200 individuals have been hired through the program so far, with onboarding beginning over the past several weeks. Hennecken stated that the program expects to onboard more than 100 workers next month and aims to grow the workforce to between 300 and 500 employees by the end of the summer.
The Tech Force program, administered through the Office of Personnel Management (OPM), was launched earlier this year to help address federal technology workforce needs. The initiative is designed primarily to recruit younger technology professionals for two-year assignments across the Federal Government, with the option to remain in government service or transition back to the private sector afterward.
The program includes a unique initiative to bring management-level personnel into government service directly from private industry. According to Hennecken, the first industry management hire is expected to begin work next week at OPM, with additional candidates currently in the placement pipeline.
The Tech Force initiative comes amid broader federal workforce reductions and restructuring efforts affecting technology-focused government organizations and personnel.
Senate Bill Would Create CISA-Led Cybersecurity Task Force
MeriTalk reports that new legislation introduced in the Senate would establish a joint federal cybersecurity task force led by the Cybersecurity and Infrastructure Security Agency (CISA) to improve the government’s ability to detect, analyze, and respond to cyber threats targeting U.S. critical infrastructure from Chinese state-sponsored hacking groups.
The legislation, titled the Strengthening Cyber Resilience Against State-Sponsored Threats Act, was introduced on May 19. According to a press release from the Senator’s office, the bill is intended to strengthen coordination across federal agencies in response to cyber threats linked to the Chinese government and affiliated hacking groups.
Under the legislation, the task force would be led by CISA and include participation from the Department of Homeland Security (DHS), the Federal Bureau of Investigations (FBI), and federal agencies serving as sector risk management agencies for critical infrastructure sectors identified by DHS. The legislation aims to establish what Scott’s office described as a “whole of government approach” to protecting national cybersecurity and critical infrastructure systems from state-sponsored cyberattacks.
According to the report, the task force would work to align and reinforce cybersecurity efforts across agencies through the sharing of threat analysis, inspections, audits, and related cybersecurity information. The legislation would also require the task force to submit an initial report to Congress within 540 days of establishment, followed by annual reports for six years detailing threat assessments and recommendations for improving cyber threat detection and mitigation.
The legislation follows previous disclosures by federal agencies that the Chinese state-sponsored hacking group Volt Typhoon had maintained access to critical infrastructure-related IT systems in sectors including energy, water, transportation, and communications.
OMB Seeks Federal Spending Data for 49 Nonprofit Organizations
Federal News Network reports that the Office of Management and Budget (OMB) circulated a memo directing executive branch agencies to submit spending data related to a targeted list of 49 nonprofit organizations. According to the report, the organizations conduct advocacy work related to diversity, equity, and inclusion (DEI), LGBTQ+ issues, immigrant and refugee support, civil rights, legal aid, environmental issues, and international humanitarian assistance.
Federal News Network notes that the organizations identified in the memo include the American Civil Liberties Union, National Urban League, and U.S. Committee for Refugees and Immigrants. Agencies are directed to report all grants, loans, contracts, cooperative agreements, and other monetary awards associated with the listed organizations. The requested data covers fiscal years 2024 and 2025, as well as projected spending for fiscal year 2026. Agency reports are due to OMB by May 29.
According to the memo, the reports “will be used to better understand the scope of funding to these organizations.”
CISA Security Incident Raises Questions About Agency Capacity
Federal News Network reports that a recent security breach involving CISA has prompted bipartisan concerns regarding the agency’s funding, staffing, and operational capacity. The breach, first reported on May 18, involved a publicly accessible GitHub repository maintained by a CISA contractor that exposed credentials and security keys associated with various internal CISA systems.
According to the report, the repository potentially exposed information related to how CISA tests, develops, and deploys software. Rep. Bennie Thompson (D-Miss.), ranking member of the House Homeland Security Committee, and Rep. Delia Ramirez (D-Ill.), ranking member of the Homeland Security Cybersecurity and Infrastructure Security Subcommittee, recently sent a letter to the Acting CISA Director requesting additional information regarding the incident.
CISA has reportedly lost more than 1,000 employees over the past 15 months, though the agency plans to hire 300 additional employees this year. Congressional appropriators have also rejected significant funding reductions proposed by the Administration for fiscal year 2026. In a statement regarding the incident, CISA said that it is “continuing to investigate the reported exposure” and that there is “currently no indication that agency mission data was compromised.”
Federal Contractors Could Face New Post-Quantum Cybersecurity Mandates
Nextgov reports that the White House is preparing a new executive order intended to accelerate federal agency migration to post-quantum cryptography (PQC) standards, including new requirements for certain federal contractors. According to the report, the current draft of the executive order would direct the Office of Management and Budget (OMB) to issue guidance and deadlines for transitioning high-impact systems and high-value assets to encryption standards designed to withstand the capabilities of a future fully operational quantum computer.
The draft order would require agencies to transition digital signatures for covered systems and assets to PQC standards by Dec. 31, 2031, and to implement post-quantum cryptography for key establishment by Dec. 31, 2030. Digital signatures are used to authenticate identities and secure access to digital systems, while key establishment refers to the process of generating and exchanging cryptographic keys used to encrypt and decrypt data. According to the report, many current encryption and digital signature technologies are expected to become vulnerable to the advanced decryption capabilities of future quantum computing systems.
The draft executive order would also require “covered contractors” working with federal agencies to comply with PQC standards developed by the National Institute of Standards and Technology (NIST) by 2030. The order is expected to be released in the near future.
Legal Corner: Challenging a CICA Stay Override? The Federal Circuit Confirms You Don’t Need to Prove Irreparable Harm
Authored by By Evan Williams & Jane Han; Fox Rothschild LLP
In Life Science Logistics, LLC v. United States,[1] the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed that a disappointed bidder challenging an agency’s override of a Competition in Contracting Act (“CICA”) stay must only show the override was arbitrary and capricious. The court rejected the government’s argument that the plaintiff must also satisfy the traditional four-factor test for preliminary injunctions—likelihood of success on the merits, irreparable harm, balance of equities, and benefit to the public. The decision is a significant win for government contractors.
What is a CICA Stay?
A CICA stay is an automatic pause on the performance or award of a federal contract, triggered when a disappointed bidder files a timely protest with the Government Accountability Office (“GAO”).[2] The stay preserves the status quo, preventing the agency from authorizing contract performance while the GAO evaluates the protest—a process that can last up to 100 days. Congress designed the CICA stay to be automatic, such that protestor need do nothing more than file a timely written GAO protest to trigger it.
CICA does, however, permit an agency to override the automatic stay. Under 31 U.S.C. § 3553(d)(3)(C), the head of the procuring activity may authorize performance of the contract notwithstanding a pending protest upon a written finding that “performance of the contract is in the best interests of the United States;” or that “urgent and compelling circumstances that significantly affect interests of the United States will not permit waiting for the decision of the [GAO] concerning the protest.”
Background
The Life Science Logistics, LLC (“LSL”) decision arose from a General Services Administration (“GSA”) procurement of the Strategic National Stockpile (“SNS”), which is a nationwide network of facilities for the storage and deployment of medicines, vaccines, and medical supplies, managed by the Administration for Strategic Preparedness and Response within the Department of Health and Human Services.
When GSA issued a solicitation for a 10-year contract to service the SNS warehouse in the National Capitol Region (“NCR Contract”), LSL and one competitor, Integrated Quality Solutions LLC (“IQS”), submitted bids. GSA awarded the NCR Contract to IQS, and LSL promptly protested at the GAO.
After GSA took corrective action, it nevertheless awarded the contract to IQS for a second and then a third time. In response to LSL’s third protest, however, GSA decided to override the stay, issuing a Determination and Findings (“D&F”) asserting that “urgent and compelling circumstances” existed and that overriding the stay was “in the best interest of the United States.”
LSL subsequently filed suit in the Court of Federal Claims (“COFC”), alleging that the override was arbitrary and capricious in violation of the Administrative Procedure Act (“APA”). The COFC ruled in LSL’s favor, issuing a declaratory judgment that the override was arbitrary and capricious.
Critically, the COFC rejected the government’s argument that LSL was required to prove entitlement to injunctive relief. The government timely appealed to the Federal Circuit, and ten days later, the GAO sustained LSL’s third protest, leading GSA to withdraw the override.
The Mootness Question: “Capable of Repetition Yet Evading Review”
Because GSA withdrew the CICA stay override shortly after the COFC’s decision, LSL argued the appeal was moot and should be dismissed for lack of jurisdiction. The Federal Circuit disagreed, finding that the dispute fell within the well-established exception to the mootness doctrine for issues that are “[1] capable of repetition yet [2] evading review.”
On the “capable of repetition” prong, the court concluded it was “entirely reasonable to expect that the government and LSL will spar over an agency override of a CICA stay again in the future.” The court reasoned that, because LSL is the largest player in an unusually tight market, LSL will, with near certainty, bid on future SNS contracts and will, with near certainty, protest an award to one of its competitors if not selected as the winning bidder.
On the “evading review” prong, the court explained that it had already determined the issue in NIKA Technologies, Inc. v. United States, 987 F.3d 1025 (Fed. Cir. 2021). CICA stays and overrides are limited by statute to a maximum duration of 100 days, and as the Federal Circuit recognized in NIKA, litigating a CICA dispute “in 100 days is unrealistic, if not impossible.”
The Merits: No Four-Factor Test Required
Turning to the central question, the Federal Circuit held that the COFC did not err when it granted declaratory relief without requiring LSL to satisfy the traditional four-factor test for preliminary injunctions.
The Federal Circuit found “[t]here is no place in this statutory regime for courts to superimpose the judge-made four-factor test governing equitable relief as an additional burden on the protestor,” and emphasized that Congress imposed no burden whatsoever on the protestor in CICA; filing a written protest alone triggers the automatic stay. The court went on to explain that it therefore “cannot have been Congress’ intent to require a protestor whose automatic stay has been overridden by arbitrary and capricious government action to have to prove to a court – in addition to the unlawfulness of the override – that the protestor faces irreparable harm, the equities are in its favor, and the public would benefit from granting the relief requested.” The court reasoned that to hold otherwise, “would undesirably incentivize the government to override more (if not all) CICA stays.”
The Declaratory Relief Is Not “Coercive”
Finally, the government argued that declaratory relief in this context was impermissibly coercive because it functioned like a preliminary injunction. The Federal Circuit rejected that contention, explaining that any alleged coercive effect arose from CICA itself and not from the court’s declaratory judgment.
Key Takeaways
The Life Science Logistics, LLC decision clarifies that government contractors challenging a CICA stay override need only demonstrate that the agency’s decision was arbitrary and capricious. In reaching this conclusion, the court found that protestors are not also required to satisfy the traditional four‑factor test for injunctive relief, including showings of likelihood of success, irreparable harm, balance of equities, and public interest. Accordingly, this decision affirmed that the automatic stay is a core component of the GAO protest process and will not be circumvented by heightened judicial standards.
For government contractors, this decision is critically important as it means that the statutory protection Congress designed to maintain the status quo during a protest cannot be easily cast aside. Had the Federal Circuit ruled otherwise, agencies may have been incentivized to override CICA stays as a matter of course, knowing that protestors would face the steep burden of proving irreparable harm and favorable equities on top of showing the override was unlawful. Such a ruling could have transformed the nature of the automatic CICA stay.
In sum, even where an agency decides to override the stay, a protestor will be able to contest the reasonableness of that decision without having to overcome additional judicially created hurdles.
[1] No. 2024-1522, April 15, 2026 (Fed. Cir.).
[2] For a more detailed discussion of the CICA stay framework, see our prior blog post, “CICA Stay Preserved: COFC Rules in Favor of Protester, Applies Equitable Tolling.”
Coalition Contract Duplication Survey
The Coalition has launched a survey focused on identifying potential duplication across contracts governmentwide.
The purpose of the survey is to gather member feedback from industry about the cost of contract duplication, including bid proposals and contract management costs. Insights from the survey will help inform ongoing discussions around contract alignment, consolidation, and best practices. Survey results will be shared with key government stakeholders.
Members are encouraged to participate. Survey responses will be treated as non-attributable, and individual company information will not be shared with the Government.
Access the survey here. Responses are due by COB Friday, June 6. If you have any questions, please contact Michael Hanafin at mhanafin@thecgp.org.
2025 Coalition Year in Review
The Coalition for Common Sense in Government Procurement’s 2025 Year in Review is now available for download!
The 2025 Year in Review highlights the priorities and activities that the Coalition pursued on behalf of members from the past year. In 2025, we focused on a number of acquisition policy initiatives, providing feedback to the Federal Government on the acquisition strategy for several key programs and initiatives.
We are excited to support more efficiency, effectiveness and cost savings in the Federal procurement system than ever before in 2026.
View the 2025 Year in Review here.
2026 Spring Training Conference Survey
Thank you to everyone who attended the Coalition’s 2026 Spring Training Conference: The Revolutionary Federal Market Continued.
We value your feedback and invite you to complete a brief survey to help inform the planning of future conferences.
To complete the survey, click here.
If you have any questions, please contact Michael Hanafin at mhanafin@thecgp.org.
View the Spring Training Conference Photos
Photos from the Spring Training Conference are now available! Our sincere thanks to Susan Hornyak Photography for capturing all of the best moments at the conference!
View the conference photos here.
In addition, all slide presentations have been sent to conference registrants and are available in the conference app. If you did not receive the slides or have any questions, please contact Michael Hanafin at mhanafin@thecgp.org.
Registration Now Open! Joseph P. Caggiano Memorial Golf Tournament, Aug. 19
Calling all golfers! Registration for the the Coalition’s Annual Joseph P. Caggiano Memorial Charity Golf Tournament is now open. The tournament will take place on August 19, 2026 at the beautiful Whiskey Creek Golf Club in Ijamsville, MD. This event attracts a dedicated group of players of all skill levels eager to enjoy some friendly competition and a round of golf with friends and colleagues while supporting a wonderful cause for our veterans.
Proceeds from this year’s golf tournament will once again support Paws for Purple Hearts (PPH). PPH improves the lives of veterans and wounded service members facing mobility challenges and trauma-related conditions through assistance dogs and canine-assisted therapeutic programs. To date, PPH has supported over 20,000 veterans and wounded service members across the country.
The tournament also supports The Coalition Endowed Scholarship Fund at The George Washington University Law School. This fund assists qualified veterans pursuing graduate studies in U.S. government procurement, helping them build careers in federal acquisition and continue their service to the nation in a new way.
Sponsorship opportunities are available for the Joseph P. Caggiano Memorial Golf Tournament. Learn more about these opportunities here. For any questions on sponsorships, please contact Heather Tarpley at htarpley@thecgp.org.
To register for the tournament, click here. For any assistance with registration, please contact Mady Whiting at mady.whiting@thecgp.org.
We look forward to seeing you in August!
Thank You to Our Current Sponsors!
