1. Home
  2. |Insights
  3. |Nothing to Discuss: COFC Denies Protest to Exchanges with Offerors in Massive FirstNet Procurement

Nothing to Discuss: COFC Denies Protest to Exchanges with Offerors in Massive FirstNet Procurement

Client Alert | 1 min read | 04.06.17

In a decision released publicly on March 31, 2017, the Court of Federal Claims denied a protest challenging a competitive range determination that left AT&T, represented by C&M, as the last remaining contender to win a 25-year contract to build and operate a nationwide public safety broadband network. The network will consolidate public safety use of the radio spectrum and prioritize first responders in times of crisis, while granting AT&T claim over large amounts of unused spectrum, as well as $6.5 billion for construction costs. The Court held, among other things, that the relatively extensive exchanges between the offerors and the agency before the competitive range determination was made were “communications,” not “discussions,” under the FAR because the agency neither intended to accept, nor permitted, proposal revisions. The Court also held that the government reasonably rejected the protester’s proposal where it coupled unacceptable financial risk with a questionable business model.

Insights

Client Alert | 2 min read | 03.23.26

ACTS Survey Compliance Deadline Temporarily Extended: What Higher Education Institutions Need to Know

On March 13, a Massachusetts federal district court temporarily blocked the Trump Administration from requiring higher education institutions to respond to the Admissions and Consumer Transparency Supplement (“ACTS”) survey — a new data collection effort mandating that institutions disclose detailed admissions information regarding students’ race and sex to the federal government. In Commonwealth of Massachusetts v. Department of Education, 1:26-cv-11229 (D. Mass.), the court extended the deadline for institutions to respond to the survey from March 18th to March 25th to allow time to consider the case....