Ambiguous Instructions Give Disqualified Offeror A Second Chance
Client Alert | less than 1 min read | 06.12.07
The Court of Federal Claims in Heritage of Am., LLC v. U.S. (May 31, 2007) set aside a disqualification of an offeror when the solicitation instructions were unclear about the coverage and labor rates required in the multiple regions solicited, requiring a recompetition with unambiguous instructions. In the prior, related GAO protest, GAO had refused to consider this issue because it was "untimely," but Judge George Miller in this opinion joins the solid majority of the CFC judges holding that GAO timeliness requirements are inapplicable in court protests.
Insights
Client Alert | 5 min read | 05.19.26
DOJ Continues Attempt to Block State-Court Climate Suits with Minnesota Complaint
On May 4, 2026, the U.S. Department of Justice (“DOJ”) filed a federal complaint seeking to enjoin Minnesota’s state-court climate lawsuit against major energy companies. DOJ contends that Minnesota’s claims—which target global greenhouse gas emissions—intrude on exclusive federal authority. The complaint asserts that Minnesota’s lawsuit violates the dormant Commerce Clause and is preempted based on uniquely federal interests, the prohibition on extraterritorial state regulation, the Clean Air Act (“CAA”), and the Foreign Affairs doctrine.
Client Alert | 5 min read | 05.19.26
Qatar's Judicial Enforcement Law No. 4 of 2024: A Reminder of Qatar’s Landmark Reform
Client Alert | 4 min read | 05.18.26
(Not) All’s Weld That Ends Weld: Duty Evasion Scheme Ends in Historic $549.5M FCA Settlement
Client Alert | 7 min read | 05.18.26
