Non-Offeror Has Standing, and FAR Part 12 Commercial Item Restrictions Apply to GSA Schedule Procurements
Client Alert | less than 1 min read | 03.12.15
In CGI Fed. Inc. v. U.S.(Mar. 10, 2015), the Federal Circuit held that CGI was a "prospective offeror" and therefore had standing to pursue its preaward protest, despite the fact that CGI did not submit a proposal, which was due after CGI filed at GAO but before CGI filed at the CFC. The Federal Circuit also reversed the CFC on the merits, holding that the proscription in FAR part 12 of terms that are inconsistent with customary commercial practice does apply to solicitations for orders under FAR 8.4 (Federal Supply Schedule) contracts.
Insights
Client Alert | 2 min read | 05.12.25
“Confirm You’re Not a Robot”: AI-Written Briefs Could Lead to Sanctions
On May 7, 2025, GAO issued a decision in Raven Investigations & Security Consulting, LLC, B-423447, warning the bid protest bar that artificial intelligence (“AI”)-based tools utilized without proper oversight may result in severe consequences, including dismissal of the protest and sanctions.
Client Alert | 3 min read | 05.12.25
EU Retaliatory Trade Measures Against the U.S. – Public Consultation
Client Alert | 2 min read | 05.09.25
FDA Seeks Stakeholder Consultation on Prescription Drug User Fee Reauthorization
