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Post Hoc Explanation Inadequate To Save Unreasonable Price Evaluation

Client Alert | 1 min read | 07.15.08

In Joint Venture Penauille/BMAR & Associates, LLC (May 12, 2008, http://www.gao.gov/decisions/bidpro/311200.pdf), GAO sustained a challenge to the Navy's price evaluation, when, in a fixed-procurement, the agency unreasonably rejected the protester's proposal on the grounds that it offered low indefinite quantity pricing for certain minor work and the record contained no evidence that the pricing actually presented any risk to performance. GAO rejected the agency's post hoc justification that the low pricing presented performance risk because the contractor allegedly had the option to reject work if not sufficiently profitable, finding no support for this assertion in the record and nothing in the RFP that permitted the winning contractor to reject orders for the subject indefinite quantity work.

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Client Alert | 8 min read | 04.27.26

Deadlock Broken: EU Adopts 20th Russia Sanctions Package

The EU has adopted its 20th package of sanctions in connection with Russia's ongoing war against Ukraine, resolving a prolonged internal political deadlock that had been caused by vetoes from Hungary and Slovakia. The package amends Regulations 833/2014, 269/2014, and 765/2006 and the respective Council Decisions and Implementing Regulations. The texts entered into force on 24 April 2026. They are available through this link....