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Employee Unions And Elected Representatives Lack Standing For GAO Protests Of Private Sector Awards In A-76 Competitions

Client Alert | 1 min read | 04.28.04

In Dan Duefrene; Kelley Dull; Brenda Neuerburg; Gabrielle Martin, B-293590.2, .3: B-293883; B-293887: B-293908 (April 19, 2004), the GAO ruled definitively that union officials and other elected representatives of government employees who lose to a private sector offeror in competitions conducted under Revised OMB Circular A-76 (May 29, 2003) do not have standing under the Competition In Contracting Act (CICA) to protest at the GAO. Stating that its jurisdiction is constrained by CICA's definition of an "interested party," which limits protest rights to actual offerors eligible to be awarded a "contract" -- and despite the Revised Circular's attempt to implement the recommendation of the Commercial Activities Panel and recast the government side of an A-76 competition in terms intended to confer standing for government employee representatives -- GAO reasoned that the government's tender offer, even if successful, would not result in the award of a "contract" under CICA and, hence, employee representatives of the government could not be interested parties with standing to protest.

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Client Alert | 3 min read | 08.03.26

New Jersey Takes Aim at Algorithmic and Surveillance Pricing: What Landlords and Retailers Need to Know About the FAIR Act and the Fair Price Protection Act

On July 20, 2026, New Jersey Governor Mikie Sherrill signed the Forbidding the Algorithmic Inflation of Rent (FAIR) Act into law, making New Jersey the fourth state to regulate algorithmic rent-setting practices. Three days later, on July 23, 2026, Governor Sherrill signed the Fair Price Protection Act, which targets “surveillance pricing”—the practice of using or collecting personal data about a user and using an algorithm or artificial intelligence to charge different consumers different prices for the same products. Together, these laws represent a significant expansion of New Jersey's consumer protection framework in the algorithmic pricing context....