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Veterans Affairs Snubs GAO?

Client Alert | less than 1 min read | 10.24.11

In Aldevra, GAO held that the Veterans Benefits, Health Care, and Information Technology Act of 2006 and implementing regulations required the Department of Veterans Affairs to conduct procurements as service-disabled, veteran-owned, small-business set-asides (if market research first showed that two or more SDVOSB’s could perform the work), before purchasing from the Federal Supply Schedule.  In a rare instance of an agency defying a GAO recommendation, the VA has reportedly decided that, because “Executive Branch agencies are not bound by GAO's legal advice,” the GAO decision should not be followed, advising VA acquisition and procurement professionals “to continue using the Federal Supply Schedules Program.”

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Client Alert | 2 min read | 04.16.26

Federal Circuit Holds Challengers to CICA Stay Overrides Need Not Satisfy Four-Factor Injunctive Relief Test

In a significant decision for government contractors, on April 15, 2026, in Life Science Logistics, LLC v. United States, the U.S. Court of Appeals for the Federal Circuit held that bid protesters challenging an agency’s override of an automatic stay of contract performance under the Competition in Contracting Act (CICA) need not satisfy the demanding four-factor test traditionally required for preliminary injunctive relief.  In so doing, the Federal Circuit clarified that CICA stay override challenges need only demonstrate that the override decision was arbitrary and capricious—nothing more....