"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 | 07.10.26
In Utech, Inc. v. United States, No. 24-1586 (Fed. Cir. June 24, 2026), the U.S. Court of Appeals for the Federal Circuit clarified that in most cases, a pre-award protest must be filed before the proposal submission deadline to avoid the Blue & Gold waiver rule. This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal submission deadline.
Client Alert | 5 min read | 07.10.26
Client Alert | 6 min read | 07.09.26
EU Steel Overcapacity Regulation: New Permanent Measure in Force from 1 July 2026
Client Alert | 5 min read | 07.09.26
Made in the USA? Prove It: FTC Marks America's 250th with Crack Down on Domestic Origin Claims
