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GAO Scallops Procurement, Finding Solicitation Was Flaky

Client Alert | less than 1 min read | 01.07.05

In Oregon Potato Co. (Dec. 22, 2004), GAO sustained the protest because the solicitation for dehydrated potato flakes failed to provide offerors with sufficient information regarding certain delivery location contingencies to enable offerors to prepare their proposals intelligently and compete on an level playing field. Although the post-award protest was based on inadequacies in the solicitation, it was nonetheless timely because the informational defect was not apparent until after the agency had announced its award decision.

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Client Alert | 4 min read | 02.20.26

SCOTUS Holds IEEPA Tariffs Unlawful

On February 20, 2026, the Supreme Court issued a pivotal ruling in Trump v. V.O.S. Selections, negating the President’s ability to impose tariffs under IEEPA. The case stemmed from President Trump’s invocation of IEEPA to levy tariffs on imports from Canada, Mexico, China, and other countries, citing national emergencies. Challengers argued—and the Court agreed—that IEEPA does not delegate tariff authority to the President. The power to tariff is vested in Congress by the Constitution and cannot be delegated to the President absent express authority from Congress....