Stephen Bacon Provides Commentary to Washington Technology on Federal Buying Guides

Rogers Joseph O’Donnell PC shareholder recently published an article with Washington Technology on whether the new federal “Buying Guides” are protestable. 

Bacon’s column, originally posted on his personal LinkedIn account, analyzes the Office of Management and Budget (OMB) Memo M-25-25 that explains how the Buying Guides will be developed. He also discusses past rulings from the Government Accountability Office (GAO) and the U.S. Court of Federal Claims, such as a 2023 GAO decision that illustrates that violations of the Patent and Trademark Office Guidelines (PTAG) weren’t protestable despite being published in the Federal Register. He notes that the Buying Guides will likely follow suit. 

“When the Buying Guides are published, I suspect they’ll include PTAG-like disclaimers,” Bacon wrote in the column. “If included, you shouldn’t count on being able to protest a Buying Guide violation.” 

Bacon represents government contractors in bid protests, claims, investigations, and suspension and debarment proceedings. He frequently litigates cases at the Court of Federal Claims, the Government Accountability Office, the Boards of Contract Appeals, and the Small Business Administration’s Office of Hearings and Appeals. Bacon also provides advice and counsel to clients on a broad range of contractual and regulatory compliance issues that confront government contractors.