CO'S Opinion Due No Deference On Statutory Application
Client Alert | less than 1 min read | 07.30.04
Continuing a recent string of successful bid protests, the Court of Federal Claims in Miss. Dept. of Rehab. Servs. v. U.S. (June 4, 2004), finds that the Navy has improperly refused to give the blind a statutory preference in a procurement for operation of a galley. Of particular interest, Judge Baskir rejects the more deferential standard some judges have used in similar cases and rules that no deference is owed to the Contracting Officer's application of the statutory language, considering the matter de novo.
Insights
Client Alert | 2 min read | 04.16.26
In a significant decision for government contractors, on April 15, 2026, in Life Science Logistics, LLC v. United States, the U.S. Court of Appeals for the Federal Circuit held that bid protesters challenging an agency’s override of an automatic stay of contract performance under the Competition in Contracting Act (CICA) need not satisfy the demanding four-factor test traditionally required for preliminary injunctive relief. In so doing, the Federal Circuit clarified that CICA stay override challenges need only demonstrate that the override decision was arbitrary and capricious—nothing more.
Client Alert | 4 min read | 04.16.26
ROI Tracking as Mens Rea? Novartis Ruling Reframes AKS Pleading Risk
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Who Invented That? When AI Writes the Code, Patent Validity Issues May Follow
