1. Home
  2. |Insights
  3. |CFC Gives CICA Its Bite

CFC Gives CICA Its Bite

Client Alert | 1 min read | 11.03.08

In declaring invalid the override of a Competition in Contracting Act stay in Nortel Gov't Solutions, Inc. v. U.S. (Oct. 10, 2008), a case litigated by C&M, the Court of Federal Claims rejected the government's "urgent and compelling" basis for the override given that it (1) failed to establish the adverse consequences of maintaining the status quo, (2) did not consider whether reasonable alternatives to the override exist, (3) afforded "unacceptably brief treatment" to the potential costs and risks to the government if GAO recommended sustaining the protest, and (4) did not "consider the impact of its override decision on competition at all." The Court also rejected the claim that the override served the "best interests" of the government, finding that a "strong preference" for a "new" or a "more cost effective" contract is insufficient to justify the override.

Contacts

Insights

Client Alert | 3 min read | 04.07.26

EU Pharma Package: Fiscal Imports in the Supply Chain Compromise Proposal

In our fourth alert in this EU Pharma Package Series, we provided an analysis of the long-standing but increasingly debated issue of fiscal imports in the pharmaceutical supply chain and the EU’s evolving approach to this issue....