1. Home
  2. |Insights
  3. |Federal Circuit Sweeps Away DOJ's Defenses in Corrective Action Suits

Federal Circuit Sweeps Away DOJ's Defenses in Corrective Action Suits

Client Alert | less than 1 min read | 08.30.12

In Sys. Application & Techs., Inc. v. U.S. (Aug. 24, 2012), the Federal Circuit swept away a litany of preliminary defenses raised by DOJ in multiple cases challenging agency procurement corrective actions in the Court of Federal Claims, holding first and foremost that the CFC possesses jurisdiction over such disputes under the broad grant in 28 U.S.C. § 1491(b)(1). The Federal Circuit also held that contractors have standing to challenge proposed corrective actions, particularly when their pricing has been revealed, and that such disputes are ripe for adjudication when the agency announces the action, not after the agency has fully implemented it.

Contacts

Insights

Client Alert | 14 min read | 03.13.26

AI for Government: 7 Days for Contractor Comments on GSA Proposed Contract Clause for AI Systems

On March 6, 2026, the General Services Administration (GSA) issued a significant proposed contract clause, GSAR 552.239-7001, Basic Safeguarding of Artificial Intelligence Systems (“Clause”), for inclusion in GSA Schedule solicitations and contracts for AI capabilities.  The proposed clause would impose substantial new requirements related to AI sources, intellectual property rights, data use, change management, and performance standards.  The Clause would also take precedence over any other contract terms (including commercial licensing terms) related to AI, including a Seller’s terms of sale and service to which the Government had previously agreed.  GSA requests comments by March 20, 2026....