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Agency Failure to Consider Proposal Differences Invalidates Award

Client Alert | less than 1 min read | 07.06.11

In One Largo Metro LLC (June 20, 2011), GAO sustained three protests to a best value procurement for office space for HHS when GSA evaluated one of the technical subfactors in a manner inconsistent with the solicitation and failed to consider meaningfully the evaluated differences in the proposals. Regarding the latter protest ground, the source selection official, by disregarding the recommendations of the lower-level evaluators without explanation, did not conduct a well documented, meaningful consideration of the identified technical differences between the proposals and instead based her decision on a mechanical comparison of the subfactor ratings assigned by the lower-level evaluators.

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Client Alert | 3 min read | 09.15.25

Senate Finance Committee Looking to Take White River to the Train Station, Confirms DOJ Investigation into Tribal Tax Credits

On August 19, 2025, the U.S. Senate Committee on Finance (“Senate Finance Committee”) sent Paul Atkins, Chairman, U.S. Securities and Exchange Commission (“SEC”) a letter calling on the SEC to investigate White River Energy Corp (“White River”). In the letter, the Senate Finance Committee confirmed a criminal investigation into White River related to the sale of so-called “tribal tax credits” that according to both Congress and the IRS, do not exist. The letter further states that White River allegedly earned millions of dollars selling these credits and has not been forthcoming with investors regarding the existence of the criminal investigation. According to the Senate Finance Committee, White River has failed to file financial disclosure documents with the SEC since March 15, 2024, missing six consecutive reporting periods. The letter instructs White River to disclose the existence of the DOJ criminal tax investigation, and calls on the SEC to take action if White River fails to do so....

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