Unduly Restrictive Specification Requires Redo
Client Alert | less than 1 min read | 03.24.15
In Smith and Nephew Inc. (Jan. 2, 2015), publicly released this week, GAO sustained a pre-award solicitation protest alleging that the VA had unduly restricted competition with an unnecessary specification requirement. GAO concluded that the "minimum fluid absorption rate" for medical bandages demanded by the VA was not based on any demonstrable agency need, was predicated on one repudiated test study by a single contractor, and could not be met by any commercially available product in the marketplace.
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Client Alert | 3 min read | 07.17.26
In the underlying litigation, Epic Games alleged that Apple violated antitrust and unfair competition laws by engaging in anti-steering behavior related to purchases on Apple’s in-app payment system. Apple received a percentage of payments made through this system, and Epic Games argued that Apple prohibited app developers from informing users about alternative payment options.
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CMMC Phase II Suspension Requires Reconsideration of Such Requirements in Solicitations
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