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 | 8 min read | 11.10.26
EU Simplifies Rules on Defense Procurement and Transfers of Defense-Related Products
The European Union has enacted its first major reform of the 2009 directives on defense procurement and intra-EU transfers of defense-related products. The amending directive, which has been adopted as part of the Defense Readiness Omnibus legislative package (also known as “Omnibus V”), aims to simplify and accelerate procedures both for buying defense- and security-related goods, and for transferring such goods between EU Member States.
Client Alert | 3 min read | 11.09.26
Client Alert | 4 min read | 11.09.26
Client Alert | 4 min read | 11.09.26
