Contradictory Technical And Cost Evaluations Don't Add Up
Client Alert | less than 1 min read | 04.12.06
In Information Ventures, Inc. (Mar. 1, 2006, http://www.gao.gov/decisions/bidpro/2972762.pdf), GAO sustained the protest in part because the agency failed to reconcile the technical evaluation with the cost realism analysis. In this procurement, the agency supported the high technical scores awarded to the two offerors by finding that both offerors' technical proposals “contained more than adequate staff to accomplish tasks,” yet, at the same time, determined in the cost realism analysis that neither offeror had proposed sufficient staffing hours to perform the work.
Insights
Client Alert | 4 min read | 03.05.26
The U.S. Department of Labor (DOL) has proposed another revision to independent contractor regulations, one that would provide for more leeway in classifying workers as contractors. DOL’s proposed rule, published on February 26, 2026, would rescind the Biden DOL’s March 2024 independent contractor regulation and reinstate a framework substantially tracking the prior Trump rule of January 2021. The proposed rule would also apply the narrower analysis to worker classifications under the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The comment period closes in late April 2026; until then, the 2024 rule remains in effect for purposes of private litigation.
Client Alert | 8 min read | 03.05.26
Client Alert | 4 min read | 03.04.26
Sixth Circuit Finds EFAA Arbitration Bar to Entire Case — Not Just Sexual Harassment Claims
Client Alert | 3 min read | 03.02.26
