Solicitation Must Adequately Evaluate Contract Type and Not Have Arbitrary Disqualifications
Client Alert | 1 min read | 09.09.16
In CACI, Inc.-Federal (Aug. 3, 2016), GAO sustained two pre-award challenges to the cost/price evaluation scheme in DISA’s $17.5B ENCORE III IDIQ solicitation. GAO held, first, that the solicitation did not provide an adequate basis to compare the relative cost of competing proposals because, despite anticipating roughly half of the ENCORE III task orders to be cost-reimbursable, the RFP did not require offerors to propose any cost-reimbursable labor rates and, second, that a provision that would eliminate any offeror with a total price more than 50 percent below a “trimmed average total proposed price” of other offerors was “entirely arbitrary in selection and application” because the record did not reflect that such a price difference would pose any inherently high performance risk.
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Client Alert | 4 min read | 12.30.25
Are All Baby Products Related? TTAB Says “No”
The United States Trademark Trial and Appeal Board (TTAB or Board) recently issued a refreshed opinion in the trademark dispute Naterra International, Inc. v. Samah Bensalem, where Naterra International, Inc. petitioned the TTAB to cancel Samah Bensalem’s registration for the mark BABIES' MAGIC TEA based on its own BABY MAGIC mark. On remand from the U.S. Court of Appeals for the Federal Circuit, the TTAB reconsidered an expert’s opinion about relatedness of goods based on the concept of “umbrella branding” and found that the goods are unrelated and therefore again denied the petition for cancellation.
Client Alert | 6 min read | 12.30.25
Investor Advisory Committee Recommends SEC Disclosure Guidelines for Artificial Intelligence
Client Alert | 2 min read | 12.29.25
FYI – GAO Finds Key Person “Available” Despite Accepting Employment with a Different Company
Client Alert | 4 min read | 12.29.25
More Than Math: How Desjardins Recognizes AI Innovations as Patent-Eligible Technology
