Courts, Boards, & GAO

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Too Late to the Party: Federal Circuit Decision an Object Lesson in Why Awardees Should Intervene in Bid Protests ASAP • So You Prevailed in a Protest, But GAO’s Recommended Corrective Action Is Moot. Now What? • Back to Basics: Price Realism vs. Price Reasonableness • No Harm, No Foul: GAO Reminds Protesters that Competitive Prejudice Must Be Shown When the Agency Waives a Material Solicitation Requirement • FAA’s “No-Protest” Clause Struck Down

Defense Production Act (DPA) a Critical Component of Biden Strategy for COVID-19

Crowell & Moring - The Biden administration has identified the Defense Production Act (DPA) as a key part of its new “National Strategy for the COVID-19 Response and Pandemic Preparedness” (Strategy), buttressed by a new “Executive Order on a Sustainable Public Health Supply Chain” (Executive Order). Issued on January 21, 2021, the Biden administration’s Strategy calls for immediate action to address critical shortfalls of vaccination supplies, testing supplies, and personal protective equipment (PPE). The Executive Order, issued the same day, directs agencies to use “all available legal authorities, including the Defense Production Act, to fill those shortfalls as soon as practicable by acquiring additional stockpiles, improving distribution systems, building market capacity, or expanding the industrial base.”

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