Misleading Discussions Can Be With Awardee
Client Alert | 1 min read | 10.19.06
In Advanced Systems Development, Inc. (Sept. 19, 2006, http://www.gao.gov/decisions/bidpro/298411.pdf), the GAO held that the agency improperly tipped the tables when it incorrectly advised the future awardee in discussions that one portion of its price violated the solicitation's price target and never disclosed that the excess was caused at least in part by an upward adjustment the agency had made to compensate for an error in another part of the awardee's pricing proposal. In response to this incorrect and incomplete information provided during discussions, the offeror lowered its final price below that of the competition, including the protestor, who prevailed on the theory that the agency's discussions with the awardee were not meaningful.
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Client Alert | 2 min read | 07.24.26
GAO Finds That Challenge to Agency’s Failure to Comply With DFARS Requirement Comes Too Late
GAO’s recent dismissal of the protest in Tyonek Technical Innovations, LLC, B-424364, B-424364.2, June 30, 2026, carries an important lesson for government contractors: if you believe solicitation terms conflict with a statute or regulation, you must raise that challenge before proposals are due—not during discussions or afterwards.
Client Alert | 3 min read | 07.23.26
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
