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Post-Award Challenge to Solicitation Defect Upheld

Client Alert | 1 min read | 06.15.15

In Per Aarsleff A/S v. United States (June 5, 2015), the Court of Federal Claims sustained protests against the Air Force's award of a contract to operate, maintain, and support an air base in Greenland and enjoined performance by a Danish subsidiary of an American company when the court interpreted an eligibility requirement to prohibit award to non-Danish primes. The court rejected the Air Force's argument that the rule of Blue & Gold Fleet barred offerors from raising the solicitation defect post-award, because the ambiguity was latent and the Air Force had discovered it three months prior to award but had failed to correct it. 


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Client Alert | 4 min read | 03.17.26

New Jersey Proposes Sweeping Ban on Data-Driven Pricing

The New Jersey Legislature is considering two bills, that if enacted, would prohibit business entities from using either consumers' personal data or “personalized algorithmic pricing” to set prices for merchandise or services, including groceries. If enacted, the new laws would have broad implications for companies across industries that rely on algorithmic or data-informed pricing strategies. In her recent State Budget Address, New Jersey Governor Mikie Sherrill pledged to sign the proposals into law if they reach her desk....