Following GAO Recommendation Doesn't Insulate Agency's Action After Protest
Client Alert | less than 1 min read | 08.18.11
The Federal Circuit in Turner Constr. Co. v. U.S. held that the Army should not have followed the recommendation of a GAO bid protest decision to disqualify an awardee based upon alleged organizational conflicts of interest ("OCIs") because the GAO decision failed to identify "hard facts" supporting the existence of an OCI and, therefore, "lacked a rational basis." Upholding the CFC decision and citing that court's authority to "award any relief that [it] considers proper," the Federal Circuit also let stand an order enjoining reprocurement and reinstating the awardee's contract, which the Army had terminated in response to the GAO decision.
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Client Alert | 2 min read | 07.24.26
GAO Finds That Challenge to Agency’s Failure to Comply With DFARS Requirement Comes Too Late
GAO’s recent dismissal of the protest in Tyonek Technical Innovations, LLC, B-424364, B-424364.2, June 30, 2026, carries an important lesson for government contractors: if you believe solicitation terms conflict with a statute or regulation, you must raise that challenge before proposals are due—not during discussions or afterwards.
Client Alert | 3 min read | 07.23.26
Client Alert | 3 min read | 07.23.26
Second Circuit Affirms Preliminary Injunction Against Nielsen in Constructive Tying Case
Client Alert | 4 min read | 07.22.26

