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GAO Sends Agency Back To The Drawing Board -- Again

Client Alert | less than 1 min read | 01.13.09

When Nortel, represented by C&M, challenged DEA's award of an IT services contract based on a possible OCI, DEA decided to take corrective action after GAO's "outcome prediction" alternative dispute resolution conference. DEA reaffirmed its selection, and in round two in Nortel Gov't Solutions, Inc. (Dec. 30, 2008), GAO found that DEA had (1) still failed to determine the extent of the awardee's OCI and (2) unreasonably concluded that the awardee's mitigation plan was acceptable when the awardee would be required to review and provide input on designs it proposed under a separate contract with DEA.

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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....