Agency Acceptably Disqualifies Offeror For Refusal To Wall Off Employee
Client Alert | 1 min read | 03.26.09
In Kellogg Brown & Root Servs., Inc. (Feb. 23, 2009), the agency excluded KBR from two future Army task order competitions when the agency's CO had inadvertently forwarded source selection sensitive and contractor proprietary information to KBR's contracts manager and program manager and KBR later refused to "wall off" or isolate the project manager from the task order competitions. GAO upheld the exclusion, even though the agency admitted that it could not definitively conclude that KBR had actually obtained an unfair competitive advantage and even though the company had taken steps to permanently delete the sensitive information from its computers and email servers and the program manager had signed a sworn statement that he had not retained the sensitive information and could not remember the contents of the email.
Insights
Client Alert | 3 min read | 11.06.25
Executive Branch Focus on Federally Funded Inventions
In recent months the executive branch has indicated a willingness to assert control over intellectual property funded by federal research dollars in novel ways. This could potentially include leveraging its march-in rights under the Bayh-Dole Act.
Client Alert | 2 min read | 11.06.25
Key Takeaways to the State Attorneys General - Election Day 2025
Client Alert | 3 min read | 11.06.25
Supreme Court Oral Argument on Presidential Tariff Authority
Client Alert | 13 min read | 11.06.25
