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 | 7 min read | 05.21.26
A New Playbook for M&A in the EU: The European Commission's Draft Merger Guidelines - 10 Key Changes
On 30 April 2026, the European Commission published draft merger guidelines that will replace both the 2004 Horizontal Merger Guidelines and the 2008 Non-Horizontal Merger Guidelines, consolidating them into a single analytical framework.
Client Alert | 3 min read | 05.21.26
Judge Jennifer Choe-Groves Takes Over Several DNJ Hatch-Waxman Cases
Client Alert | 7 min read | 05.19.26
American and Allied Cyber Agencies Issue First Joint Guidance on Securing Agentic AI
Client Alert | 3 min read | 05.19.26
