The allure of the U.S. Government Accountability Office as the primary bid protest stop has dimmed despite its advantages, with government contracts attorneys increasingly favoring the fuller administrative record offered at the U.S. Court of Federal Claims.
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The record that protesters end up getting at the GAO is what Luke W. Meier, co-chair of Blank Rome LLP's government contracts practice, calls a "Swiss cheese record."
"Agencies have developed these ways of taking advantage of the fact that they only need to produce what's relevant," he said. "And so they will be aggressive about redacting or withholding parts of the record that they say are not supported in your protest."
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"Claims Court Becoming More Attractive for Bid Protests," by Madeline Lyskawa was published in Law360 on September 19, 2025.
