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Awardee's Reliance on Incumbent Employee Who Had Never Been Contacted Constitutes a Material Misrepresentation of Proposed Staff

Client Alert | 1 min read | 01.07.20

In T3I Sols., LLC, GAO sustained a post-award protest challenging an Air Force award for courseware and training services finding that the awardee materially misrepresented its available workforce by proposing an incumbent employee without contacting that employee in advance of proposal submission or obtaining permission to include him as part of the awardee’s proposed team. The agency relied on the awardee’s representations regarding this employee and his qualifications in finding the awardee technically acceptable. GAO rejected the argument that there was no misrepresentation because the solicitation did not require commitment letters or employee representations. GAO further explained that the awardee’s “hope or belief” that it would be able to offer incumbent employees was not sufficient to represent commitment without more. 

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Client Alert | 14 min read | 03.13.26

AI for Government: 7 Days for Contractor Comments on GSA Proposed Contract Clause for AI Systems

On March 6, 2026, the General Services Administration (GSA) issued a significant proposed contract clause, GSAR 552.239-7001, Basic Safeguarding of Artificial Intelligence Systems (“Clause”), for inclusion in GSA Schedule solicitations and contracts for AI capabilities.  The proposed clause would impose substantial new requirements related to AI sources, intellectual property rights, data use, change management, and performance standards.  The Clause would also take precedence over any other contract terms (including commercial licensing terms) related to AI, including a Seller’s terms of sale and service to which the Government had previously agreed.  GSA requests comments by March 20, 2026....