Agency's "Mail Storm" Excuses Late Proposal
Client Alert | 1 min read | 03.31.11
Moving beyond faxes into the computer age, the Court of Federal Claims in Watterson Constr. Co. v. U.S. (Mar. 29, 2011) found that a contractor's late proposal should be excused when the delay was caused solely by a "mail storm" at the agency which overloaded and slowed down its servers. Judge Braden found that the late proposal, received by the contracting officer 4 minutes after the deadline, is excused because the proposal was on time as it had been received by the agency's servers timely; even if it had been late, the FAR's "government control" exception applied; and, in any event, the "mail storm" was an "emergency or unanticipated event" which entitled the contractor to a 1-day extension under the FAR.
Insights
Client Alert | 4 min read | 07.02.26
A Busy Week for Aviation Regulatory Developments
The week of June 29 brought a flurry of regulatory activity from the Department of Transportation (DOT), the Federal Aviation Administration (FAA), and the Transportation Security Administration (TSA) impacting companies across sectors including airlines, supersonic aircraft manufacturers, drone operators, and owners/operators of critical infrastructure facilities. A summary of the key developments is below.
Client Alert | 4 min read | 07.02.26
Logged Out: How LOGZONE's DIBCAC Challenges Put It Squarely in DOJ's Crosshairs
Client Alert | 3 min read | 07.02.26
Prohibiting Adversarial Patents Act of 2026 (H.R. 9142): What the Drone Industry Needs to Know
Client Alert | 5 min read | 07.01.26
What U.S. Patent Holders Need to Know About Inequitable Conduct Right Now
