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 | 10.28.26
Debriefing to Dead Briefing: How to Avoid Dismissal by Identifying “Required” Debriefings
A recent GAO decision, Encon Desbuild JV4, LLC, highlights a critical pitfall for contractors: GAO dismissed as untimely a protest filed within 10 days of a “debriefing” because the debriefing was not “required” under GAO’s precedent and the applicable regulations. This was true even though the contracting officer incorrectly told the contractor that the debriefing was required and provided under FAR part 15.
Client Alert | 7 min read | 10.27.26
Client Alert | 5 min read | 10.27.26
The UK Defence Footprint 2026 and the Warsaw Defence Plan: Investment, Innovation and Opportunities
Client Alert | 6 min read | 10.26.26
Executive Order Creates Women’s Health Task Force, Rescinds Prior Initiatives
