Agency Reasonably Distrusts Its Own Estimates
Client Alert | less than 1 min read | 04.27.04
In Burney & Burney Constr. Co. (Mar. 19, 2004), GAO upheld an agency’s rejection of a low bid as unbalanced because some of the line items were significantly overstated and, if the agency had ordered more than the estimated quantities for those line items under this requirements contract, the agency would end up paying more under the low bid than under the next-to-low bid. GAO upheld this approach even though the agency used different estimated quantities for the unbalanced bidding analysis than it did for the price determination of the low bid, reasoning that using different estimates for different purposes was reasonable.
Insights
Client Alert | 3 min read | 05.13.25
DOL Issues Revised Independent Contractor Misclassification Guidance
The classification of “independent contractors versus employees” – a political football that has undergone many iterations as the White House switched between political parties – has again changed hands. The U.S. Department of Labor (“DOL”) has now introduced new guidance, consistent with earlier Republican iterations, while rejecting the 2024 Democratic formulation. It remains to be seen whether the courts will give DOL much deference in this area.
Client Alert | 11 min read | 05.13.25
The Belgian Competition Authority Steps Up Its Merger Control and Cartel Enforcement Activities
Client Alert | 2 min read | 05.12.25
“Confirm You’re Not a Robot”: AI-Written Briefs Could Lead to Sanctions
Client Alert | 3 min read | 05.12.25
EU Retaliatory Trade Measures Against the U.S. – Public Consultation
