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Nothing to Discuss: COFC Denies Protest to Exchanges with Offerors in Massive FirstNet Procurement

Client Alert | 1 min read | 04.06.17

In a decision released publicly on March 31, 2017, the Court of Federal Claims denied a protest challenging a competitive range determination that left AT&T, represented by C&M, as the last remaining contender to win a 25-year contract to build and operate a nationwide public safety broadband network. The network will consolidate public safety use of the radio spectrum and prioritize first responders in times of crisis, while granting AT&T claim over large amounts of unused spectrum, as well as $6.5 billion for construction costs. The Court held, among other things, that the relatively extensive exchanges between the offerors and the agency before the competitive range determination was made were “communications,” not “discussions,” under the FAR because the agency neither intended to accept, nor permitted, proposal revisions. The Court also held that the government reasonably rejected the protester’s proposal where it coupled unacceptable financial risk with a questionable business model.

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Client Alert | 4 min read | 07.17.24

Utah Bans DEI at Universities and in Public-Sector Employment, The Latest in a String of Similar Statewide Bans

As of July 1, Utah’s “Equal Opportunity Initiatives” law is in effect.  This law prohibits “discriminatory practices” at higher education institutions, public education systems, and government employers within Utah.  In response to the law, colleges and universities like the University of Utah, Southern Utah University, Utah State University, and Weber State University have reportedly already closed DEI offices and cultural centers....