Failure To Update Invalidates Evaluation And Responsibility Determination
Client Alert | less than 1 min read | 02.17.06
In Greenleaf Constr. Co. (Jan. 17, 2006, http://www.gao.gov/decisions/bidpro/29310518.pdf), GAO held that the awardee's failure to advise the agency of changes to its proposed plan for performance which arose after submission of its final proposal revision, including different key personnel and a different software system, invalidated the technical evaluation based on the original proposal. GAO also invalidated the contracting officer's responsibility determination as to the adequacy of awardee's financial resources because the contracting officer knew that an affiliated company that had provided most of the revenues of the awardee's corporate family in the DCAA analysis had been sold.
Insights
Client Alert | 3 min read | 07.23.26
It is well established that “[c]ompetitive prejudice is an essential element of every viable protest.” Yet, for decades, the U.S. Government Accountability Office (GAO) has tempered this requirement with two critical corollaries: protesters need only demonstrate a “reasonable possibility” that they were prejudiced by an agency’s actions, and GAO “will resolve doubts regarding prejudice in favor of the protester.” These principles have been consistent features of GAO’s bid protest jurisprudence for more than 30 years. See, e.g., United Int’l Eng'g, Inc., B-245448, Jan. 29, 1992, 71 CPD ¶ 177.
Client Alert | 3 min read | 07.23.26
Second Circuit Affirms Preliminary Injunction Against Nielsen in Constructive Tying Case
Client Alert | 4 min read | 07.22.26
Client Alert | 4 min read | 07.22.26
Ghost Advertising: Compliance Takeaways From the Gymshark Influencer Class Action
