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Stay of FSS Procurement Requires Prompt Action

Client Alert | less than 1 min read | 11.09.05

In Systems Plus, Inc. v. U.S. (Oct. 27, 2005), the Court of Federal Claims held that a Federal Supply Schedule procurement for a blanket purchase agreement conducted as a commercial item buy under FAR part 12, rather than part 15, does not require that the agency provide a debriefing to a disappointed bidder. As a result, the automatic statutory stay upon a GAO protest runs only for 10 days from contract award and not also for 5 days from any discretionary debriefing in such situations.

Insights

Client Alert | 4 min read | 08.25.26

DOJ Signals Increased Antitrust Scrutiny of Algorithmic Pricing in Willow Bridge Decision

Algorithmic pricing tools commonly used by businesses to increase efficiency and profits are under increasing antitrust scrutiny. This summer, federal regulators, state attorneys general, and state legislatures grappled with competing businesses providing nonpublic, competitively sensitive data to common algorithmic platforms. The Third Circuit deepened an emerging circuit split with the Ninth Circuit on algorithmic pricing liability, reviving antitrust claims against Atlantic City casino-hotels in a decision with direct implications for any company that uses a common pricing platform. See Crowell’s recent client alert. And New Jersey enacted two landmark laws—the FAIR Act and the Fair Price Protection Act—directly regulating algorithmic rent-setting and surveillance pricing. See Crowell’s recent client alert....