CFC Has "Pre-Procurement" Protest Jurisdiction
Client Alert | 1 min read | 08.29.08
In a case of first impression, the Federal Circuit this week held in Distributed Solutions, Inc. v. U.S. (Aug. 28, 2008) that the Court of Federal Claims' bid protest jurisdiction over an alleged statutory or regulatory violation "in connection with a …proposed procurement" covered a challenge to an agency's decision to acquire software through an existing task order contract rather than by conducting a separate procurement for the software. GAO and the CFC had both dismissed the protest, but the Federal Circuit held that (a) a proposed procurement begins with the agency's process for determining its needs, and (b) that process had occurred here through an agency RFI market research effort, with the consequence that the subsequent agency decision to satisfy its needs through the existing task order contract was subject to the CFC protest jurisdiction over "proposed procurements."
Insights
Client Alert | 6 min read | 02.24.26
Artificial Intelligence and Human Resources in the EU: a 2026 Legal Overview
The year 2026 marks a major regulatory turning point for European companies using or considering the use of artificial intelligence in their human resources (HR) processes. The Regulation (EU) 2024/1689 on artificial intelligence (the AI Act) is entering a critical implementation phase, while the European Commission's "Digital Omnibus" package will clarify several obligations and modify certain deadlines.
Client Alert | 3 min read | 02.24.26
DOJ v. OhioHealth Confirms Antitrust Enforcers’ Continued Focus on Health Care Markets
Client Alert | 4 min read | 02.24.26
Client Alert | 4 min read | 02.24.26
State-Level Merger Control Grows: California Joins “Mini-HSR” Trend with Senate Bill 25
