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Awardees in Multiple-Award Procurements Can Challenge Award Decisions to Fellow Awardees

Client Alert | 1 min read | 05.16.16

In Nat’l Air Cargo, Inc. v. U.S. (Apr. 28, 2016), the CFC concluded that awardees in a procurement contemplating the award of multiple IDIQ contracts are interested parties with standing to challenge the validity of the awards to other contract awardees in the procurement. In a significant departure from GAO's stance of the issue, the court held that, even when all task order work under the IDIQ is to be competed at a later date, each awardee suffers a non-trivial injury from the improper addition to the original pool of awardees because the size of the pool has a material impact on the likelihood of winning future task order work.

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Client Alert | 3 min read | 04.26.24

CFIUS Proposes Enhanced Enforcement and Mitigation Rules and Steeper Penalties for Non-Compliance

On April 11, 2024, the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) announced proposed amendments to its enforcement and mitigation regulations, marking the first substantive update to CFIUS’s mitigation and enforcement provisions since the enactment of the Foreign Investment Risk Review Modernization Act of 2018.  The Committee issued a notice of proposed rulemaking ("NPRM”) that would modify the regulations that apply to certain investments and acquisitions, as well as real estate transactions, by foreign persons as follows:...