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 | 2 min read | 09.18.25
On September 9, 2025, the U.S. Department of Health and Human Services (HHS) and the Food and Drug Administration (HHS) issued a news release announcing an “aggressive[]” “crackdown” on direct-to-consumer pharmaceutical advertising. This release came on the heels of a Presidential Memorandum President Trump issued the same day directing HHS to “ensure transparency and accuracy in direct-to-consumer prescription drug advertisements,” and the FDA to “take action to enforce legal requirements that advertisements for prescription drugs be truthful and not misleading.”
Client Alert | 3 min read | 09.17.25
Client Alert | 4 min read | 09.17.25
Client Alert | 5 min read | 09.16.25
Bucking the Odds: Why Technology Companies Should Embrace Software Patents Today
