‘Loser’s pay’ rules coming despite declining bid protests episode artwork

EPISODE · Dec 22, 2025 · 9 MIN

‘Loser’s pay’ rules coming despite declining bid protests

from The Federal Drive with Terry Gerton

Vendors who file frivolous bid protests will now be held more accountable under a provision in the 2026 defense authorization bill. The “loser pays” language is trying to actively discourage incumbent contractors from filing protests just to keep getting paid. New data from the Government Accountability Office shows vendors are becoming more discerning when it comes to filing complaints, seemingly making this new language less necessary. Federal News Network executive editor Jason Miller joins me to discuss the current bid protest landscape. See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

Vendors who file frivolous bid protests will now be held more accountable under a provision in the 2026 defense authorization bill. The “loser pays” language is trying to actively discourage incumbent contractors from filing protests just to keep getting paid. New data from the Government Accountability Office shows vendors are becoming more discerning when it comes to filing complaints, seemingly making this new language less necessary. Federal News Network executive editor Jason Miller joins me to discuss the current bid protest landscape.  See Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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‘Loser’s pay’ rules coming despite declining bid protests

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This episode was published on December 22, 2025.

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Vendors who file frivolous bid protests will now be held more accountable under a provision in the 2026 defense authorization bill. The “loser pays” language is trying to actively discourage incumbent contractors from filing protests just to keep...

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