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Flawed Discussions Nixes Award

Client Alert | less than 1 min read | 06.11.12

In KPMG LLP (May 21, 2012), GAO sustained a challenge to CIA's conduct of discussions, finding the agency misleadingly informed KPMG that proposals should include resumes for all proposed personnel, yet the awardee proposed – and CIA accepted – only representative resumes, which allowed the awardee to offer a lower cost. GAO also found CIA's cost realism evaluation inadequate, stressing that CIA's evaluation documentation reflected "no meaningful consideration" of whether cost reductions associated with the awardee’s technical approach would actually occur.

Insights

Client Alert | 3 min read | 02.13.26

Recent Developments in U.S. Merger Enforcement: HSR Rule Overturned and Leadership Changes at DOJ Antitrust Division

In October 2024, the FTC adopted a final rule that substantially modified the HSR form, requiring new categories of information and documents. The final rule was the most significant overhaul of the HSR premerger notification requirements in decades. The new requirements imposed additional time and expense on merging parties, with the FTC estimating that the new form would likely take triple the amount of time to complete than the previous form. Numerous groups, including the U.S. Chamber of Commerce, sued to challenge the rule....