Negative Responsibility Determination Overturned
Client Alert | 1 min read | 12.02.10
In Bilfinger Berger AG v. U.S. (Nov. 19, 2010), the CFC found that the Army Corps of Engineers had unreasonably relied on the opinion of an Italian lawyer applying Italian law to disqualify an offeror for when the Corps had failed to describe all the relevant situation to the attorney and issued a preliminary injunction stopping all work under the contract. The case is another example of the little deference that the CFC gives GAO opinions, as the GAO had found in the Corps' favor on the same facts, and Judge Sweeney also joins those on the court who have ruled that the jurisdiction under 1491(a)(1) of the court to consider a breach of the implied-in-fact contract to consider a solicitation fairly and consistently with the solicitation is intact after the addition of bid protest jurisdiction in 1491(b)(1) and the Federal Circuit's decision in Resource Conservation Group earlier this year.
Contacts
Insights
Client Alert | 6 min read | 11.13.25
FTC and NAD Enforcement Priorities & ANA 2025
The Federal Trade Commission (FTC) and National Advertising Division (NAD) of BBB National Programs laid out their enforcement priorities during the 2025 ANA Masters of Advertising Law Conference, at which Crowell & Moring attorneys spoke on and attended various panels.
Client Alert | 12 min read | 11.13.25
Highlighting Key Takeaways from the Pentagon Acquisition Transformation Strategy
Client Alert | 4 min read | 11.13.25
The Password is “Louvre” – Lessons for Everyone from the Louvre’s Jewel Heist
Client Alert | 3 min read | 11.12.25
EPA Proposes Important Revisions to its PFAS Reporting Regulations

