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 | 01.05.26
Another Court Rules CASA Does Not Limit Universal Relief Available Under the APA
In Trump v. CASA, the Supreme Court significantly constrained the equitable authority of federal district courts to grant universal or nationwide injunctive relief, clarifying that, with specific exceptions, a federal court’s power to grant relief is limited to the parties before it. When it was issued, many bemoaned CASA’s implications for preventing government overreach.
Client Alert | 7 min read | 01.05.26
Consideration of Artificial Intelligence in Arbitration Terms of Reference
Client Alert | 4 min read | 12.31.25
Raising the Bar: New York Expands Consumer Protection Law with FAIR Business Practices Act
Client Alert | 4 min read | 12.30.25
