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.
Insights
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SCOTUS Holds IEEPA Tariffs Unlawful
On February 20, 2026, the Supreme Court issued a pivotal ruling in Trump v. V.O.S. Selections, negating the President’s ability to impose tariffs under IEEPA. The case stemmed from President Trump’s invocation of IEEPA to levy tariffs on imports from Canada, Mexico, China, and other countries, citing national emergencies. Challengers argued—and the Court agreed—that IEEPA does not delegate tariff authority to the President. The power to tariff is vested in Congress by the Constitution and cannot be delegated to the President absent express authority from Congress.
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Proposed NY Legislation May Mean Potential Criminal Charges for Unlicensed Crypto Firms
