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Agency Can't Ignore Obvious Costs In Evaluation

Client Alert | less than 1 min read | 04.18.05

While agencies are given latitude in establishing evaluation criteria, an agency cannot rationally fail to include costs it knows will be involved in the procurement. The Court of Federal Claims in Arch Chemicals, Inc. v. U.S. (Mar. 18, 2005) instructed that the agency unreasonably excluded from the evaluation plant shutdown costs it was obligated to pay the incumbent if it awarded to another company.

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Client Alert | 3 min read | 01.26.26

8(a) Participants – and the 8(a) Program – Under the Microscope or on the Chopping Block

The Small Business Administration (SBA) has rolled out changes to its 8(a) Program even as it suspends 8(a) participants for failure to respond to the SBA’s December 5, 2025 8(a) audit letters....