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Contractors Must Check Everywhere "Reasonable" On FedBizOpps

Client Alert | 1 min read | 10.04.05

In Jess Bruner Fire Suppression (GAO Aug. 19, 2005 http://www.gao.gov/decisions/bidpro/296533.htm), the agency posted a notice and solicitation under a simplified acquisition for multiple subregions on only one subregion's site within the FedBizOpps web site, rather than on the site of either the whole region or of each of the subregions for which the services were needed, and the protester complained that it did not see the notice because it did not check subregions for which it was not interested. While criticizing the agency's claim that it would have been "cumbersome" to post on multiple sites and noting it would have been very cumbersome for the protester to search regularly by geographical region to find the materials, GAO held that the posting met the minimum legal requirements.

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Client Alert | 4 min read | 07.02.25

FTC Orders Divestitures in Retail Fuel Outlet Deal and Signals a Return to More Standard Remedy Discussions

Merger consent orders are back at the FTC, and the FTC’s most recent action showcases how the current leadership is analyzing divestiture proposals. Last week, the FTC approved a proposed consent agreement in Alimentation Couche-Tard Inc.’s (ACT) acquisition of retail fuel outlets from Giant Eagle, Inc. that paired standard retail divestitures with a “prior notice” requirement that ACT notify the agency of future acquisitions in certain markets regardless of size. This FTC has signaled greater acceptance of remedies than the prior administration, and this most recent consent puts that on display, with Commissioner Meador providing merging parties guidance on designing effective remedies....