Home - Blank Rome LLP

Register to receive insights and analyses on breaking news and trends across varying industries.
<a class="link-primary mt-4" href="/subscribe">Subscribe</a>

Philadelphia, PA

New York, NY

Wilmington, DE

Cincinnati, OH

Princeton, NJ

Los Angeles, CA

Houston, TX

Tampa, FL

Shanghai

South Florida

Pittsburgh, PA

Washington, D.C.

Chicago, IL

Orange County, CA

Dallas, TX

Boston, MA

In a recent decision, GAO announced that it was clarifying its pleading standard for bid protests.&nbsp;For many years, GAO had described a minimally acceptable protest pleading as one with “either allegations or evidence&nbsp;sufficient” to establish a likelihood of improper agency action. Going forward, as articulated in&nbsp;<a href="https://www.gao.gov/assets/890/880684.pdf">Warfighter Focused Logistics, Inc.</a>,&nbsp;B-423546, B-423546.2, Aug. 5, 2025, 2025 WL 2237333, the standard now calls for “credible allegations that are supported by evidence&nbsp;and are sufficient” to make that showing. GAO linked this revised formulation to a request from Congress in Section 885 of the 2025 National Defense Authorization Act to clarify and enhance its pleading standard.&nbsp;

core/paragraph

It is not immediately clear whether this means a change in protest practice at GAO. GAO seemed to suggest that the updated language was not a change to the pleading standard itself, but a clarification to better align the stated legal standard with its longstanding stance that “‘bare allegations’ or allegations based upon ‘information and belief’ are not sufficient to meet our pleading standards.” We will be closely watching how GAO applies the standard in its decisions to fully understand the level of evidence required to clear GAO’s pleading standard, and it is likely to remain a heavily fact-specific analysis. Regardless, protesters, as ever, should make sure they substantiate allegations with evidence and awardees should retain counsel to safeguard their interests through effective dismissal requests.

To read the full post, visit our&nbsp;<a href="https://governmentcontractsnavigator.com/2025/08/11/gao-sharpens-its-pleading-standard-description-but-did-gao-raise-the-bar/">Government Contracts Navigator</a>&nbsp;blog.

GAO Sharpens Its Pleading Standard Description: But Did GAO Raise the Bar?

Offices

Stay Connected

Slide Menu

Slide Search

GAO Sharpens Its Pleading Standard Description: But Did GAO Raise the Bar?

Offices

Stay Connected