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Architect-Engineering Firm Wins GAO Protest Alleging Misevaluation of Qualification Statements under $2 Billion Brooks Act Procurement

Client Alert | 1 min read | 12.11.20

Government procurements for architect-engineering services do not follow the typical Federal Acquisition Regulations (FAR) rules applied to the purchase of other goods and services. Instead, these services are procured under the authority of the Brooks Act, according to special procedures designed to identify the most qualified firms; specifically, the Two-Phase Design-Build Selection Procedures set forth in FAR subpart 36.3, and Architect-Engineer Services Contract Procedures set forth in FAR subpart 36.6. But those procedures provide no exceptions from bid protest. In the protest of Evergreen JV, B-418475.4, Sept. 23, 2020, the disappointed offeror argued that the Air Force failed to evaluate its qualifications according to the qualitative evaluation criteria identified in the Agency’s synopsis. GAO sustained the protest. For more, click here.

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Client Alert | 4 min read | 08.27.26

FCC Clarifies Covered List for Power Inverters and Advanced Robotic Devices

On July 28, 2026, the Federal Communications Commission (FCC) updated its Covered List — established through the Secure and Trusted Communications Networks Act — to include foreign-produced connected power inverters and advanced robotic devices, following an executive branch national security determination that they “pose unacceptable risks to the national security of the United States or the safety and security of United States persons.” Equipment on the Covered List is ineligible for FCC equipment authorization, effectively prohibiting the import, sale, or marketing of those products without an exception or approval....