Federal Circuit Refuses to Give Offeror Second Chance
Client Alert | less than 1 min read | 01.24.13
In Orion Tech., Inc. v. U.S. (Jan. 14, 2013), the agency disqualified a contractor which had failed to provide all the requested information with its offer and, when the agency reopened proposals for a second round, refused to allow the contractor to do so then. The Federal Circuit held that the contractor had standing to complain about getting kicked out, but held that the agency had reasonably done so, implicitly ruling that, once reopening, the agency did not have to let the offeror cure its deficiency.
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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.
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Second Circuit Affirms Preliminary Injunction Against Nielsen in Constructive Tying Case
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