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DoD Tightens Counterfeit Prevention Policy

Client Alert | less than 1 min read | 05.02.13

On April 26, 2013, DoD issued an Instruction to establish policies to prevent the introduction of counterfeit material at any level of the DoD supply chain and to seek restitution for critical failures and damages caused by such material. DoD component heads are tasked with integrating the policy into contract requirements and procedures, procuring critical material only from suppliers that meet appropriate counterfeit avoidance criteria or applying additional risk management measures when such suppliers are not available, using sampling techniques and material testing for detection, and reporting all suspected or confirmed occurrences.

 

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Client Alert | 2 min read | 04.16.26

Federal Circuit Holds Challengers to CICA Stay Overrides Need Not Satisfy Four-Factor Injunctive Relief Test

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....