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Corrective Action Needs Correcting

Client Alert | less than 1 min read | 08.12.05

In Resource Consultants, Inc. (June 2, 2004 http://www.gao.gov/decisions/bidpro/2930733.pdf), the GAO sustained a protest because the agency had "abandoned" one of the ground rules for the re-evaluation of proposals, a re-evaluation that had been conducted as corrective action in response to an earlier protest. According to GAO, while the terms of the re-evaluation permitted offerors to submit revised price proposals only, revisions to the awardee's staffing costs were so extensive as to constitute technical proposal revisions; therefore, the agency should have permitted all offerors to submit revised technical proposals.

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Client Alert | 4 min read | 02.20.26

SCOTUS Holds IEEPA Tariffs Unlawful

On February 20, 2026, the Supreme Court issued a pivotal ruling in Trump v. V.O.S. Selections, negating the President’s ability to impose tariffs under IEEPA. The case stemmed from President Trump’s invocation of IEEPA to levy tariffs on imports from Canada, Mexico, China, and other countries, citing national emergencies. Challengers argued—and the Court agreed—that IEEPA does not delegate tariff authority to the President. The power to tariff is vested in Congress by the Constitution and cannot be delegated to the President absent express authority from Congress....