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CO'S Opinion Due No Deference On Statutory Application

Client Alert | less than 1 min read | 07.30.04

Continuing a recent string of successful bid protests, the Court of Federal Claims in Miss. Dept. of Rehab. Servs. v. U.S. (June 4, 2004), finds that the Navy has improperly refused to give the blind a statutory preference in a procurement for operation of a galley. Of particular interest, Judge Baskir rejects the more deferential standard some judges have used in similar cases and rules that no deference is owed to the Contracting Officer's application of the statutory language, considering the matter de novo.

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Client Alert | 14 min read | 03.13.26

AI for Government: 7 Days for Contractor Comments on GSA Proposed Contract Clause for AI Systems

On March 6, 2026, the General Services Administration (GSA) issued a significant proposed contract clause, GSAR 552.239-7001, Basic Safeguarding of Artificial Intelligence Systems (“Clause”), for inclusion in GSA Schedule solicitations and contracts for AI capabilities.  The proposed clause would impose substantial new requirements related to AI sources, intellectual property rights, data use, change management, and performance standards.  The Clause would also take precedence over any other contract terms (including commercial licensing terms) related to AI, including a Seller’s terms of sale and service to which the Government had previously agreed.  GSA requests comments by March 20, 2026....