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Crowell & Moring LLP | USA | 17 Jun 2022

GAO Finds Key Person “Unavailable” Despite Still Being Employed on Date of Award

After a recent Court of Federal Claims (“COFC”) decision limited the circumstances under which a departure of key personnel may doom an offeror’s…
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Morrison & Foerster LLP | USA | 9 Jun 2022

May 2022 bid protest roundup: errors, subcontractors, bundling

His month's bid protest spotlight focuses on one recent U.S. Court of Federal Claims decision and two U.S. Government Accountability Office decisions…
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Morrison & Foerster LLP | USA | 31 May 2022

Sekri, Inc. V. United States: Are Pre-proposal-submission Email Exchanges Now Enough to Avoid Blue & Gold Waiver?

In the seminal decision Blue & Gold Fleet, L.P. V. United States, the U.S. Court of Appeals for the Federal Circuit held that “a party who has the…
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Bradley Arant Boult Cummings LLP | USA | 24 May 2022

Federal Circuit Declines to Extend Blue & Gold Waiver Rule in AbilityOne Protest

The U.S. Court of Appeals for the Federal Circuit, in SEKRI, Inc. v. United States, recently added to the growing body of case law that has declined…
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Crowell & Moring LLP | USA | 20 May 2022

Email Exchange Constitutes “Timely, Formal Challenge” for Purposes of Avoiding Blue & Gold Waiver Rule

Last week, in SEKRI, Inc. v. U.S., No. 21-1936 (Fed. Cir. May 13, 2022), the U.S. Court of Appeals for the Federal Circuit appeared to chip away at…
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Crowell & Moring LLP | USA | 19 May 2022

“Thank you . . . for trusting us!” Commercial Software Licensor Has a Valid Claim for Copyright Infringement Under 28 U.S.C. § 1498 for Government’s Over-Installation of Copies

In 4DD Holdings, LLC v. United States, No. 15-945C (Fed. Cl. March 31, 2022), the Court of Federal Claims (“COFC”) decided cross-motions for summary…
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Greenberg Traurig LLP | USA | 9 May 2022

Government contractor considerations on the ‘late is late’ rule for electronic proposal submissions

The U.S. Government Accountability Office (GAO) considers “late” even a timely proposal submission sent to and received by the agency’s server, but…
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Eversheds Sutherland (US) LLP | USA | 26 Apr 2022

Green Tax, Volume 1

Welcome to Green Tax, Vol. 1. Each quarter we will provide a recap of some of the important energy tax issues of the last quarter, including court…
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Wilmer Cutler Pickering Hale and Dorr LLP | USA | 15 Apr 2022

How claims court ruling may alter high-dollar procurements

For the second time in recent weeks, the Court of Federal Claims issued a ruling that broke from U.S. Government Accountability Office precedent. In…
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Morrison & Foerster LLP | USA | 8 Apr 2022

March 2022 Bid Protest Roundup: Delayed Debriefings, Conflicts of Interest, and Insufficient Documentation

This month’s Bid Protest Roundup covers two recent Government Accountability Office (GAO) decisions and a decision from the Court of Federal Claims…
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