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CAFC Holds Agency Standardization Decision Outside COFC Jurisdiction

Client Alert | 1 min read | 01.31.18

In a January 23 decision, AgustaWestland North America, Inc. v. U.S., the Federal Circuit reversed a COFC decision that had enjoined the U.S. Army from sole source procuring Airbus UH-72A Lakota helicopters to meet the Army’s standardized training helicopter needs.  The CAFC first held that the Army’s “Execution Order” standardizing to the UH-72A was not a procurement decision because it did not discuss procuring helicopters and instead assessed existing Army assets, and therefore the COFC lacked jurisdiction.  The CAFC then rejected the COFC’s conclusion that the Army’s decision to sole source as a “follow-on contract for . . . production of a major system” was flawed because (1) the COFC abused its discretion in supplementing the administrative record; (2) the procurement qualified as a “follow-on” even absent a preceding contract; (3) the J&A was sufficiently supported; and (4) that the CO signed before legal or competition advocate review was not prima facie arbitrary and capricious.

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Client Alert | 7 min read | 06.24.26

DOJ’s National Security Division Announces First Declination Under New Corporate Enforcement Policy With Parallel BIS Settlement

On June 17, 2026, the U.S. Department of Justice’s (DOJ( National Security Division (NSD) announced that it had issued a declination for Robert Bosch GmbH (Bosch) relating to potential violations of the Export Control Reform Act, 50 U.S.C. § 4819 (ECRA). Specifically, the DOJ declined to criminally prosecute Bosch’s violations of the Export Administration Regulations’ (EAR) Foreign Direct Product Rule (FDPR), which apparently resulted from two Bosch subsidiaries’ export of products and software manufactured with equipment that was the direct product of U.S. software or technology to Huawei Technologies Co., Ltd. and its “Entity List” affiliates, including Huawei Tech. Investment Co., Ltd., Hong Kong (collectively, Huawei). The same day, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a parallel civil administrative settlement with Bosch....