Massman Construction Co. v. United States
The Federal Circuit ruled in Massman Construction Co. v. United States that agencies must strictly follow FAR Part 15 procedures for negotiated RFPs, including clear communication of evaluation factors. This decision reinforces that ambiguous or undisclosed criteria can invalidate an award.
Aforeworn detected this change in the Government Contracting (SAM/FAR) space on July 8, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated High urgency. Small businesses bidding on federal contracts under FAR Part 15, especially set-asides and GSA schedule holders. should confirm how it applies to their specific situation before acting. There is a time constraint attached: Immediately for active bids; within 30 days for upcoming solicitations.. Acting after that point can mean penalties, a lapsed licence, or lost eligibility — exactly the kind of surprise Aforeworn exists to prevent. Aforeworn monitors Government Contracting (SAM/FAR) continuously and turns every detected change into a plain-English briefing like this one, so you always know first. Forewarned is forearmed.
What changed
Agencies must now ensure all evaluation factors and significant subfactors are explicitly stated in solicitations; failure to do so may lead to successful bid protests.
Who it affects
Small businesses bidding on federal contracts under FAR Part 15, especially set-asides and GSA schedule holders.
What you must do
Review current and upcoming solicitations to confirm evaluation criteria are clearly defined and challenge any ambiguous terms.
Deadline
Immediately for active bids; within 30 days for upcoming solicitations.
Source: https://www.courtlistener.com/opinion/10918598/massman-construction-co-v-united-states/
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