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Unfair Disqualification Results In Reinstatement

Client Alert | less than 1 min read | 12.19.05

The Court of Federal Claims in OTI America, Inc. v. U.S. (Dec. 7, 2005) reinforced that offerors must be treated evenhandedly, setting aside a disqualification of OTI for high-tech passports when other offerors had been kept in the competition for lesser failures. Joining a recent spate of cases analyzing what relief can be given in light of government assertions of national defense, the court reinstated OTI in the competition, but allowed a pilot project with another offeror to continue, as multiple awards were contemplated.

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Client Alert | 4 min read | 07.07.26

At Long Last, DoW Signals Rule Implementing PCB Prohibition and Commercial Exemptions

On July 2, 2026, the Department of War (DoW) issued an Advance Notice of Proposed Rulemaking (ANPR) setting out a framework to implement the prohibition on acquisition of covered printed circuit boards (PCBs) from “covered nations”—North Korea, China, Russia, and Iran—enacted under sections 841 and 851 of the National Defense Authorization Acts (NDAAs) for Fiscal Years 2021 and 2022, respectively, and codified at 10 U.S.C. § 4873.  DoW invites industry to respond to specific questions and provide comments on the ANPR by August 31, 2026....