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Material Misrepresentation Bid Protests

Fox Rothschild LLP

Protesting Key Personnel – When to Pounce on a Bait-and-Switch

Fox Rothschild LLP on

GAO just sharpened the distinction between winning and losing protest arguments related to key project personnel. The issue turns on the question of whether the winning proposal included “material misrepresentations” – and...more

Buchalter

Contract Void Ab Initio: Key Insights into the KBR vs. Corps of Engineers Affirmative Defense

Buchalter on

In a recent Board decision dated December 13, 2023, the United States Army Corps of Engineers sought to amend its answer in the case of APPEALS OF – KELLOGG BROWN & ROOT SERVICES, INC., under Contract No. W912GB-13-C-0011....more

Bradley Arant Boult Cummings LLP

COFC: Material Proposal Misrepresentations Need Not Be Intentional

The U.S. Court of Federal Claims (COFC), in Netcentrics Corp. v. United States, recently upheld an agency’s decision to disqualify an offeror from a procurement based on a perceived material misrepresentation in the offeror’s...more

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