Try, Try Again
Client Alert | 1 min read | 12.02.15
In sustaining the second protest on past performance grounds filed by C&M on behalf of RGTS against the Air Force's $110 million award for F-15 support services, GAO held that the Air Force's purported corrective action and reevaluation was inconsistent with the solicitation because it improperly lumped together thousands of separate task orders under four IDIQ contracts, rather than reviewing past performance references for specific orders. Moreover, GAO held that the Air Force engaged in unequal treatment when it sought out and considered additional information for at least two other offerors, but refused to consider potentially mitigating information for RGTS that was readily available to the agency.
Contacts
Insights
Client Alert | 3 min read | 02.11.26
On July 8, 2025, the U.S. Court of Appeals for the Eighth Circuit vacated the Federal Trade Commission’s (FTC) Rule Concerning Subscriptions and Other Negative Option Plans, commonly known as the “Click-to-Cancel” rule. As detailed in a previous client alert, the rule was intended to regulate negative option plans[1]— such as subscriptions and automatic renewals — by imposing stringent requirements on businesses, including streamlined cancellation processes and enhanced disclosure obligations. The Eighth Circuit vacated the Click-to-Cancel rule because it found that the FTC had failed to comply with mandatory procedural requirements. As a result, the rule is no longer in effect, and businesses are not currently subject to its mandates.
Client Alert | 4 min read | 02.11.26
Consolidated Appropriations Act Introduces Sweeping Reforms for Pharmacy Benefit Managers
Client Alert | 3 min read | 02.10.26
UK FCA Proposes New Sustainability Disclosure Rules for Listed Companies
Client Alert | 3 min read | 02.09.26
