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.
Contacts
Insights
Client Alert | 3 min read | 06.22.26
A recent U.S. Government Accountability Office (GAO) decision dismissing three pre-award protests as untimely highlights an important procedural trap for would-be protesters. In Oready, LLC, GAO dismissed three protests filed one business day too late, even though they were submitted prior to the solicitation closing date and time.
Client Alert | 4 min read | 06.17.26
From Checkout To Opt-Out: The EU Withdrawal Button Is Here – What E-Commerce Businesses Need To Know
Client Alert | 6 min read | 06.17.26
Client Alert | 6 min read | 06.16.26
What United States v. Bankman-Fried Means for Health Care Fraud Defense
