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No Match, No Deal In FSS Buy

Client Alert | 1 min read | 01.05.05

Reiterating once again that the exemption from full and open competition for orders placed under GSA’s Federal Supply Schedule contracts applies only to items and services in fact listed and priced in the FSS contracts, in American Sys. Consulting, Inc. (Dec. 13, 2004), GAO sustained a protest because the awardee’s Schedule contract description of education/experience and functional requirements for a particular job title did not match those for the RFQ position proposed to be filled. Neither the fact that the background of the individual proposed met the RFQ requirements nor the fact that the RFQ called for quotations citing the FSS job title that “mostly nearly equated” to the RFQ position cured the legal flaw, because the exemption from the competition requirements applies only to the items/services offered by the explicit terms of the Schedule contract.

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Client Alert | 5 min read | 07.20.26

DOJ and DHS Issue Interim Final Rule on State and Local Counter-Drone Authority Under the SAFER SKIES Act

On July 6, 2026, the U.S. Department of Justice (DOJ) and the U.S. Department of Homeland Security (DHS) published an Interim Final Rule (IFR) setting up a new federal framework that allows state, local, Tribal, and territorial (SLTT) law enforcement and correctional agencies to detect, track, and, in some cases, disable or seize drones. The rule directly affects SLTT agencies looking to stand up counter-drone programs, as well as drone and counter-drone technology companies whose products will be subject to federal review and approval. Although the IFR bypassed the Administrative Procedure Act’s standard notice-and-comment process on good cause grounds — citing the statutory 180-day deadline and urgent public safety needs — the rule is already legally binding and effective as of July 1, 2026. The Departments are nonetheless accepting post-promulgation comments through September 4, 2026....