Army Can't Bypass Competition Without Court Scrutiny
Client Alert | less than 1 min read | 02.18.04
Noting the Army "may not disregard" legal constraints "under the auspices of an unusual and compelling urgency," the Court of Federal Claims, in Filtration Development Co. v. U.S. (Feb. 3, 2004), held that a court can review an Army decision to bypass competitive procedures on the basis of "urgent and compelling circumstances" even when those circumstances – rapid deterioration of helicopters in Iraq – involve military needs of mobilized forces. The court rejected the argument that it had no standards against which to review the Army decision, stating that it could review the Army's written justification for rationality and the "fact that the ultimate destination . . . is Iraq does not alter this proposition."
Insights
Client Alert | 3 min read | 04.24.24
On April 12, 2024, the Tenth Circuit issued a decision in I DIG Texas LLC v. Kerry Creager, which analyzed country-of-origin claims in a manner that diverged from the well-established Federal Trade Commission’s “Made in USA” policy.
Client Alert | 2 min read | 04.24.24
FTC Continues Focus on Tracking Technologies and Personal Health Data
Client Alert | 9 min read | 04.24.24
Client Alert | 4 min read | 04.24.24
Muldrow Case Recalibrates Title VII “Significant Harm” Standard
