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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 | 3 min read | 05.14.26

CISA’s “CI Fortify” Initiative Signals New Expectations for Critical Infrastructure Resilience: What Operators and Vendors Need to Know

On May 5, 2026, CISA announced CI Fortify — an initiative directing critical infrastructure owners and operators to prepare for geopolitical conflict in which OT networks are actively targeted while communications infrastructure is simultaneously degraded....