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Tech Bundling Justified For Emergency Situations

Client Alert | less than 1 min read | 01.02.09

In CHE Consulting, Inc. v. U.S. (Dec. 30, 2008), the Federal Circuit upheld the Navy's bundling of hardware and software maintenance for a complex computer system under an FSS buy. While many agencies buy these separately and GSA initially declined to bundle in this instance, the court upheld the Navy's rationale that it could not afford the time to analyze the source of equipment problems or the risk that two different maintenance contractors would be pointing at each other about who was responsible for fixing the problem, given the time-critical information it provided to the fleet in emergency situations.

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Client Alert | 2 min read | 12.19.25

GAO Cautions Agencies—Over-Redact at Your Own Peril

Bid protest practitioners in recent years have witnessed agencies’ increasing efforts to limit the production of documents and information in response to Government Accountability Office (GAO) bid protests—often will little pushback from GAO. This practice has underscored the notable difference in the scope of bid protest records before GAO versus the Court of Federal Claims. However, in Tiger Natural Gas, Inc., B-423744, Dec. 10, 2025, 2025 CPD ¶ __, GAO made clear that there are limits to the scope of redactions, and GAO will sustain a protest where there is insufficient evidence that the agency’s actions were reasonable....