Offeror's Flip-Flop On Berry Amendment Compliance Dooms Award
Client Alert | 1 min read | 03.06.06
Sidestepping the question of whether pesticide impregnation in China of U.S. domestic fabric for bed nets actually violated the Berry Amendment, GAO held in MMI-Federal Marketing Service Corp. (Feb. 8, 2006, http://www.gao.
gov/decisions/bidpro/297537.pdf), that the agency's evaluation of the awardee's proposal was unreasonable because it failed to verify the awardee could in fact impregnate the fabric at a domestic facility as required under the agency's interpretation of the Berry Amendment requirements. Although the agency -- knowing that the awardee, on another contract, had insisted that the impregnation could, by license, only occur in China -- looked beyond the awardee's certification and requested additional information concerning where it would occur, the GAO found the additional information was insufficient to confirm that the awardee had made the necessary arrangements to shift the process to a U.S. domestic facility.
Insights
Client Alert | 2 min read | 07.01.25
DoD Establishes New DOGE Approval Process for ITC&MS and A&AS Contracts
On June 23, 2025, the DoD issued a memorandum, “Implementation of Department of Government Efficiency Cost Efficiency Initiative,” to establish a new DOGE approval process for unclassified IT consulting and management services (ITC&MS) contracts or task orders (TOs), and advisory and assistance services (A&AS) contracts or TOs. The memorandum establishes a formal approval process, which directs DOGE to review and provide input for certain contract requirement packages included in Defense Secretary Pete Hegseth’s May 27, 2025 directive, “Implementation of Executive Order 14222 – Department of Government Efficiency Cost Efficiency Initiative” (“Contract Guidance”).
Client Alert | 10 min read | 07.01.25
Ninth Circuit Decision Underscores Increasing False Claims Act Risks to U.S. Importers
Client Alert | 8 min read | 06.30.25
Client Alert | 3 min read | 06.30.25