Contractor Wins Directed Award In A-76 Protest
Client Alert | less than 1 min read | 02.13.04
The GAO in BAE Systems Tech. Servs., Inc. (Jan. 28, 2004) (represented by C&M), directed the Navy to award a contract to the private offeror in an A-76 competition in which the in-house entity failed to comply with, or include costs for, various solicitation requirements. GAO determined that the agency's post-protest attempts to cure the in-house offer’s deficiencies were "inappropriate" and damaging to "the integrity of the A-76 process" and criticized the agency for failing to perform the independent review mandated by the A-76 process when it reviewed the in-house offeror’s compliance with only one portion of the solicitation, rather than all.
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Client Alert | 4 min read | 08.13.26
Supreme Court Confirms Contractual Loss of Bargain Without Repudiatory Breach
English law has long treated the choice between terminating for repudiatory breach and exercising a contractual termination right as consequential. Under the Financings[1] causation principle, a party exercising a contractual right for a non-repudiatory breach could recover losses accrued to the date of termination — but nothing more. Loss of bargain was out of reach unless the breach went to the root of the contract. A practical workaround, confirmed in Lombard,[2] was to designate the relevant obligation as a condition, elevating any breach to repudiatory status, but that device carries significant strategic risk if the termination is later found to have been wrongful.
Client Alert | 7 min read | 08.12.26
Developments in Canadian Investment Treaty Practice: New FIPA Between Canada and UAE in Force
Client Alert | 6 min read | 08.11.26
Client Alert | 1 min read | 08.10.26
