Agency Acceptably Disqualifies Offeror For Refusal To Wall Off Employee
Client Alert | 1 min read | 03.26.09
In Kellogg Brown & Root Servs., Inc. (Feb. 23, 2009), the agency excluded KBR from two future Army task order competitions when the agency's CO had inadvertently forwarded source selection sensitive and contractor proprietary information to KBR's contracts manager and program manager and KBR later refused to "wall off" or isolate the project manager from the task order competitions. GAO upheld the exclusion, even though the agency admitted that it could not definitively conclude that KBR had actually obtained an unfair competitive advantage and even though the company had taken steps to permanently delete the sensitive information from its computers and email servers and the program manager had signed a sworn statement that he had not retained the sensitive information and could not remember the contents of the email.
Insights
Client Alert | 3 min read | 08.03.26
On July 20, 2026, New Jersey Governor Mikie Sherrill signed the Forbidding the Algorithmic Inflation of Rent (FAIR) Act into law, making New Jersey the fourth state to regulate algorithmic rent-setting practices. Three days later, on July 23, 2026, Governor Sherrill signed the Fair Price Protection Act, which targets “surveillance pricing”—the practice of using or collecting personal data about a user and using an algorithm or artificial intelligence to charge different consumers different prices for the same products. Together, these laws represent a significant expansion of New Jersey's consumer protection framework in the algorithmic pricing context.
Client Alert | 6 min read | 08.03.26
The Pipe, Not the Posts: How Section 230’s Protections Extend to Generative AI Platforms
Client Alert | 4 min read | 07.31.26
Client Alert | 3 min read | 07.31.26
