Agency's "Mail Storm" Excuses Late Proposal
Client Alert | 1 min read | 03.31.11
Moving beyond faxes into the computer age, the Court of Federal Claims in Watterson Constr. Co. v. U.S. (Mar. 29, 2011) found that a contractor's late proposal should be excused when the delay was caused solely by a "mail storm" at the agency which overloaded and slowed down its servers. Judge Braden found that the late proposal, received by the contracting officer 4 minutes after the deadline, is excused because the proposal was on time as it had been received by the agency's servers timely; even if it had been late, the FAR's "government control" exception applied; and, in any event, the "mail storm" was an "emergency or unanticipated event" which entitled the contractor to a 1-day extension under the FAR.
Insights
Client Alert | 5 min read | 04.01.26
OPO Hospital Waiver Litigation: Trends and Takeaways
Despite facing existential challenges in several federal courts, the performance metrics established by the Centers for Medicare and Medicaid Services’ (CMS) 2020 Final Rule for organ procurement organizations (OPO) appear to be, at least for now, withstanding scrutiny in litigation proceedings.
Client Alert | 7 min read | 04.01.26
Client Alert | 5 min read | 03.31.26
Washington State Bans and Voids Most Noncompetes, Narrows Nonsolicits
Client Alert | 5 min read | 03.30.26
Déjà Vu? New Executive Order Outlines Restrictions on Contractor and Subcontractor DEI Activity
