Pitiful Price Evaluation Unfairly Caters To Certain Bidders
Client Alert | less than 1 min read | 01.03.06
In R&G Food Service, Inc., d/b/a Port-a-Pit Catering (Sept. 15, 2005 http://www.gao.gov/ decisions/bidpro/2964354.pdf), GAO sustained the protester's challenge to the agency's determination that its prices were not fair and reasonable. The GAO's found that, by improperly limiting its price evaluation to an examination of unit prices without also considering the estimated quantities of each item, the agency therefore failed to consider the likely actual cost to the government from the competing proposals.
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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.
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