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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 | 6 min read | 04.23.24

Update on Singapore’s Cybersecurity (Amendment) Bill 2023

The Cyber Security Agency of Singapore (CSA) is currently in the process of introducing the first ever amendments to its Cybersecurity Act (CS Act) 2018 via the Cybersecurity (Amendment) Bill.  Through these Amendments, CSA is looking to account for advancements in Singapore’s technology and business landscape since 2018.  It is also hoping to holistically enhance the cybersecurity of not only the country’s critical information infrastructure (CII) but also other digital infrastructure important for Singapore’s economy....