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.
Insights
Client Alert | 3 min read | 11.13.26
Massachusetts Trade Secret Preliminary Injunctions: Prove the Harm, Tailor the Relief
A strong trade secret claim is not a substitute for proof of irreparable harm. In Daikin Applied Americas Inc. v. Russo, No. SJC-13881 (Mass. Oct. 14, 2026), the Massachusetts Supreme Judicial Court held that likely success on a misappropriation claim does not create a presumption of irreparable harm. The court grounded its ruling in both the Massachusetts Uniform Trade Secrets Act and the traditional equitable principles the statute incorporates. It required a case-specific showing that the requested relief would prevent harm that a final judgment could not adequately remedy.
Client Alert | 1 min read | 11.12.26
SBA Announces Doubling Veteran Contracting Target to 10% for FY 2027, but Questions Remain
Client Alert | 6 min read | 11.12.26
Client Alert | 2 min read | 11.11.26
President Trump Nominates Peter Feldman to Serve as CPSC Chairman and Commissioner
