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CFC Gives CICA Its Bite

Client Alert | 1 min read | 11.03.08

In declaring invalid the override of a Competition in Contracting Act stay in Nortel Gov't Solutions, Inc. v. U.S. (Oct. 10, 2008), a case litigated by C&M, the Court of Federal Claims rejected the government's "urgent and compelling" basis for the override given that it (1) failed to establish the adverse consequences of maintaining the status quo, (2) did not consider whether reasonable alternatives to the override exist, (3) afforded "unacceptably brief treatment" to the potential costs and risks to the government if GAO recommended sustaining the protest, and (4) did not "consider the impact of its override decision on competition at all." The Court also rejected the claim that the override served the "best interests" of the government, finding that a "strong preference" for a "new" or a "more cost effective" contract is insufficient to justify the override.

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Client Alert | 2 min read | 07.24.26

GAO Finds That Challenge to Agency’s Failure to Comply With DFARS Requirement Comes Too Late

GAO’s recent dismissal of the protest in Tyonek Technical Innovations, LLC, B-424364, B-424364.2, June 30, 2026, carries an important lesson for government contractors: if you believe solicitation terms conflict with a statute or regulation, you must raise that challenge before proposals are due—not during discussions or afterwards....