Federal Circuit Upholds Corrective Action After Outcome Prediction
Client Alert | less than 1 min read | 10.27.15
In Raytheon Co. v. U.S. (Oct. 23, 2015), the Federal Circuit upheld the CFC's denial of Raytheon's protest challenging corrective action taken in response to the GAO's outcome prediction statement that the unequal treatment challenge of a competitor would likely be sustained. The Federal Circuit agreed with the CFC that the Air Force's challenged pre-award communication with Raytheon amounted to unequal and misleading discussions and, therefore, the Air Force had a rational basis for reopening the bidding process.
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Client Alert | 4 min read | 10.30.26
Recent sustain decisions by the U.S. Government Accountability Office (GAO) in Fluor Federal Solutions, LLC and Reliance Test & Technology send a clear message: when an agency tries to fix a Procurement Integrity Act (PIA) violation by committing a second one, the cure can be just as fatal as the disease. The cases involved the U.S. Air Force’s $1.8 billion procurement for O&M services at Elgin Air Force Base. During discussions, the Air Force inadvertently released a pricing overview slide with all offerors’ bottom-line evaluated costs to Reliance Test & Technology, which immediately notified the agency of the error. In response, the Air Force decided to level the playing field by providing the same information to all the other offerors in the procurement, stating, “[o]fferors may consider this disclosure in their [final proposal revision].”
Client Alert | 3 min read | 10.29.26
What University Licensors Should Learn From TexasLDPC v. Broadcom
Client Alert | 2 min read | 10.28.26
Debriefing to Dead Briefing: How to Avoid Dismissal by Identifying “Required” Debriefings
