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Court Tells Agency To Address Illicit Advantage In Recompetition

Client Alert | less than 1 min read | 12.02.05

In Beta Analytics Int'l, Inc. v. U.S. (Nov. 23, 2005), the Court of Federal Claims wrestles with the situation of having found the initial procurement decision to be unlawful but not having stopped the process, which allowed the competitor to take over the job and hire away many of the protestor-incumbent's key employees. The court ordered the Navy (a) not to exercise the option years and (b) to mitigate the unlawful advantage through its evaluation methodology for the reprocurement.

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Client Alert | 2 min read | 07.24.26

GAO Finds That Challenge to Agency’s Failure to Comply With DFARS Requirement Comes Too Late

GAO’s recent dismissal of the protest in Tyonek Technical Innovations, LLC, B-424364, B-424364.2, June 30, 2026, carries an important lesson for government contractors: if you believe solicitation terms conflict with a statute or regulation, you must raise that challenge before proposals are due—not during discussions or afterwards....