Offeror's Flip-Flop On Berry Amendment Compliance Dooms Award
Client Alert | 1 min read | 03.06.06
Sidestepping the question of whether pesticide impregnation in China of U.S. domestic fabric for bed nets actually violated the Berry Amendment, GAO held in MMI-Federal Marketing Service Corp. (Feb. 8, 2006, http://www.gao.
gov/decisions/bidpro/297537.pdf), that the agency's evaluation of the awardee's proposal was unreasonable because it failed to verify the awardee could in fact impregnate the fabric at a domestic facility as required under the agency's interpretation of the Berry Amendment requirements. Although the agency -- knowing that the awardee, on another contract, had insisted that the impregnation could, by license, only occur in China -- looked beyond the awardee's certification and requested additional information concerning where it would occur, the GAO found the additional information was insufficient to confirm that the awardee had made the necessary arrangements to shift the process to a U.S. domestic facility.
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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.
Client Alert | 7 min read | 02.20.26
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Proposed NY Legislation May Mean Potential Criminal Charges for Unlicensed Crypto Firms
