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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 | 8 min read | 10.01.25

BIS Issues “Affiliates Rule” to Dramatically Expand Applicability of Entity and Military End-User Lists

On September 29, 2025, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a sweeping Interim Final Rule (IFR), (the “Affiliates Rule”) expanding which entities qualify as Entity List or Military End-User entities, thereby subjecting those entities to elevated export control restrictions under the Export Administration Regulations (EAR). U.S. export restrictions applicable to entities on the Entity List, Military End-User (MEU) List, and Specially Designated Nationals and Blocked Persons (SDN List) now apply to foreign affiliates that are, in the aggregate, owned 50% or more by one or more of the aforementioned entities. An entity that becomes subject to these restrictions because of its ownership structure will be subject to the most restrictive controls that attach to any of its parent entities, regardless of ownership stakes....