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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.

Insights

Client Alert | 2 min read | 09.18.25

FDA Announces Intention to Initiate an Aggressive Enforcement Campaign Against Misleading Pharmaceutical Advertising

On September 9, 2025, the U.S. Department of Health and Human Services (HHS) and the Food and Drug Administration (HHS) issued a news release announcing an “aggressive[]” “crackdown” on direct-to-consumer pharmaceutical advertising. This release came on the heels of a Presidential Memorandum President Trump issued the same day directing HHS to “ensure transparency and accuracy in direct-to-consumer prescription drug advertisements,” and the FDA to “take action to enforce legal requirements that advertisements for prescription drugs be truthful and not misleading.”...