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Myth-Busting is Still Alive: FAR Council Encourages Industry/Government Communications

Client Alert | 1 min read | 12.02.16

To implement section 887 of the FY 2016 National Defense Authorization Act, the FAR Council, on November 29, proposed a rule to amend FAR 1.102-2 by adding language to clarify that the government may, and is encouraged to, communicate with industry as part of market research, if such exchanges comport with existing law and regulations and do not further an unfair competitive advantage. Continuing the conversation that the 2011 and 2012 Office of Federal Procurement Policy Myth-Busting memoranda commenced, the Council also requested suggestions about ways to “further enhance open communication between industry and the Federal acquisition community[,]” as well as information responding to specific questions – responses to which are due on or before January 30, 2017 (the same due date for submitting comments on the proposed rule).

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Client Alert | 2 min read | 04.16.26

Federal Circuit Holds Challengers to CICA Stay Overrides Need Not Satisfy Four-Factor Injunctive Relief Test

In a significant decision for government contractors, on April 15, 2026, in Life Science Logistics, LLC v. United States, the U.S. Court of Appeals for the Federal Circuit held that bid protesters challenging an agency’s override of an automatic stay of contract performance under the Competition in Contracting Act (CICA) need not satisfy the demanding four-factor test traditionally required for preliminary injunctive relief.  In so doing, the Federal Circuit clarified that CICA stay override challenges need only demonstrate that the override decision was arbitrary and capricious—nothing more....