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Imminent Qualification As Source Must Be Considered By Agency

Client Alert | less than 1 min read | 01.17.07

In Barnes Aerospace Group (Dec. 26, 2006, http://www.gao.gov/decisions/bidpro/298864.pdf), GAO sustained a challenge to the Air Force's sole-source award for the repair of certain "aviation critical safety item" aircraft parts to the purportedly lone qualified source. GAO found that (1) the Air Force improperly proceeded on the basis of a sole-source justification (prepared even before the pre-solicitation notice was issued) that did not consider the protester's potentially imminent qualification as a second approved source, and (2) the Air Force engaged in unequal treatment by ignoring the awardee's own failure to requalify as an approved source.

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Client Alert | 1 min read | 03.20.26

HSR Form Rollback: What Dealmakers Need to Know Now

On March 19, 2026, a U.S. District Court for the Fifth Circuit panel denied the Federal Trade Commission’s (FTC) emergency motion for a stay pending appeal of a district court’s order that vacated the FTC’s 2024 overhaul of the HSR premerger notification form....