GAO Sustains Protest Where Agency’s Rapid-Fire Amendments Left Offerors No Fair Opportunity to Compete
GAO’s recent sustain, Effective Communication Strategies, LLC; Corps of Engineers, serves as a reminder that contracting officers have an affirmative obligation to give offerors a reasonable opportunity to respond to solicitation amendments, and that a flurry of same-day, weekend, and sub-hour deadlines does not satisfy that obligation. Protest Background The Corps of Engineers (“Corps”...
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Supreme Court Petition Puts FSIA Arbitration Exception in Focus
Article by: Matthew Saliman, Associate A pending petition before the Supreme Court of the United States could reshape how courts analyze foreign sovereign immunity in arbitration enforcement actions, with meaningful implications for companies pursuing claims against state actors. The Issue: Jurisdiction vs. Arbitrability The dispute arises from efforts by Ukrainian energy companies to enforce...
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Federal Circuit Rejects Proposed Heightened Standard for Challenging CICA Stay Overrides
Article by: Nicholas Hopkins, Associate In its recent Life Science Logistics, LLC v. United States decision, the Federal Circuit resolved an important question about the standard that applies to an agency’s attempt to override a Competition in Contracting Act (CICA) stay of contract award. The CICA Stay, and How the Government Can Override It...
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DHS Update – Limited Source Award Draws Unwelcome Spotlight But Also Provides Valuable Lessons To Contractors About Protest Timing
Article by: Paxton Ouellette, Associate In February 2025, the Department of Homeland Security (“DHS”) began market research related to its upcoming communications campaign to publicize information regarding immigration compliance. To prepare, DHS reviewed industry publications, analyzed recent DHS initiatives, and evaluated vendors that were skilled in hyper-targeted media and advertising services, ultimately identifying “four...
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Independent Contractor Classification: DOL’s Changeup in Enforcement
Article by: Rory Hatch, Associate The Department of Labor's recent changeup on independent contractor enforcement—walking back the restrictive 2024 Rule and returning to a more business-friendly framework—may seem like a home run for government contractors. But beneath this regulatory shift lies a compliance squeeze play that could expose contractors to costly errors and False...
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OFAC Launches New Voluntary Self-Disclosure Portal
On February 6th, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) launched a new Voluntary Self‑Disclosure Portal, providing a streamlined and secure way for organizations and individuals to report potential sanctions violations. The portal replaces prior email-based submissions. The new portal reinforces OFAC’s expectations around early identification, prompt escalation, and...
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