"The New Contract Is Better" Isn't A Justification
Client Alert | less than 1 min read | 08.11.06
The Court of Federal Claims in Advanced Systems Dev., Inc. v. U.S. (July 28, 2006) reinforced that an agency cannot justify the override of a CICA stay while a protest is pending at GAO by packaging reasons that amount to no more than the new contract will be better than the current situation. Moreover, the court rebuffed the agency's attempt to add reasons for the override and make the justification statement an "evolving" document during litigation.
Insights
Client Alert | 3 min read | 07.23.26
It is well established that “[c]ompetitive prejudice is an essential element of every viable protest.” Yet, for decades, the U.S. Government Accountability Office (GAO) has tempered this requirement with two critical corollaries: protesters need only demonstrate a “reasonable possibility” that they were prejudiced by an agency’s actions, and GAO “will resolve doubts regarding prejudice in favor of the protester.” These principles have been consistent features of GAO’s bid protest jurisprudence for more than 30 years. See, e.g., United Int’l Eng'g, Inc., B-245448, Jan. 29, 1992, 71 CPD ¶ 177.
Client Alert | 3 min read | 07.23.26
Second Circuit Affirms Preliminary Injunction Against Nielsen in Constructive Tying Case
Client Alert | 4 min read | 07.22.26
Client Alert | 4 min read | 07.22.26
Ghost Advertising: Compliance Takeaways From the Gymshark Influencer Class Action
