"National Security" Limits Judicial Review Of CICA Stay Override
Client Alert | less than 1 min read | 02.23.05
In Kropp Holdings, Inc. v. U.S. (Jan. 27, 2005), Judge Braden of the Court of Federal Claims held that, once legitimate interests of “national security” have been asserted and established to the court’s satisfaction, the court could stop review of a “best interests” CICA stay override, holding that national security makes it “not necessary” to go further. The Court also held that national security concerns and the context of a CICA stay override justify use of a more deferential standard of review of agency action than in the normal bid protest: whether the plaintiff demonstrated a clear error of judgment.
Insights
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.
Client Alert | 3 min read | 03.12.26
DOJ Releases First-Ever Department-Wide Corporate Enforcement and Voluntary Self-Disclosure Policy
Client Alert | 3 min read | 03.12.26
