Chance to Change Pricing Generally Required After Corrective Action
Client Alert | 1 min read | 10.27.11
The GAO in Power Connector, Inc. (Aug. 15, 2011), reiterated that, when an agency changes a solicitation evaluation criteria in a material way as part of corrective action, it must allow offerors in the next round of proposals to alter their price – even when the change has no obvious relationship to pricing – because the offeror may have submitted a more competitive price had it known that its proposal would be less competitive in another evaluation area. In response to agency concerns about the protestor having an unfair advantage in the recompetition as a result of learning of other offerors’ pricing during its debriefing, GAO instructed that the proper remedy was to level the playing field by disclosing all prices to all offerors, rather than to forbid price changes.
For further analysis, click here for related blog post by James Peyster.
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Client Alert | 5 min read | 12.02.25
As we have reported previously, California has enacted a pair of climate-related reporting laws that apply to large entities doing business in California (SB 253 and SB 261, as modified by SB 219). This alert provides an update on only the most recent events; please see previous alerts for a broader overview of the laws’ requirements.
Client Alert | 11 min read | 12.01.25
Client Alert | 5 min read | 12.01.25
Client Alert | 6 min read | 11.26.25
From ‘Second’ to ‘First:’ Federal Circuit Tackles Obvious Claim Errors
