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CFC Faults GSA's False Statistical Precision In Major Evaluation

Client Alert | less than 1 min read | 03.10.08

In Serco Inc. v. United States (Mar. 5, 2008), Judge Allegra sustained protests brought by eight unsuccessful offerors for GSA's $50 billion government-wide acquisition contract for IT products and services after finding unequal treatment in the gathering of past performance information and flaws in the price evaluation and best value tradeoff analysis. Raising an issue never before considered in a bid protest, the court held that false statistical precision in the combined technical scores "intensified the need for the agency to make reasoned decisions considering price and, relatedly, best values."

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Client Alert | 4 min read | 07.02.25

FTC Orders Divestitures in Retail Fuel Outlet Deal and Signals a Return to More Standard Remedy Discussions

Merger consent orders are back at the FTC, and the FTC’s most recent action showcases how the current leadership is analyzing divestiture proposals. Last week, the FTC approved a proposed consent agreement in Alimentation Couche-Tard Inc.’s (ACT) acquisition of retail fuel outlets from Giant Eagle, Inc. that paired standard retail divestitures with a “prior notice” requirement that ACT notify the agency of future acquisitions in certain markets regardless of size. This FTC has signaled greater acceptance of remedies than the prior administration, and this most recent consent puts that on display, with Commissioner Meador providing merging parties guidance on designing effective remedies....