Pre-Award Key Personnel Departure Creates Catch-22 – Do I Tell or Not?
Client Alert | less than 1 min read | 12.24.15
In Pioneering Evolution, LLC (Dec. 8, 2015), GAO agreed with the Navy's rejection of an offer as technically unacceptable for failure to satisfy a material solicitation requirement when the protester had notified the Navy after submission of final proposal revisions (FPRs) but before award that one of its proposed key personnel had accepted another position and was no longer available to perform. GAO asserted that the protestor was required to notify the Navy but that it had no right to substitute a qualified replacement, confirming that offerors are at risk if they inform an agency of key personnel departures post-FPR.
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Client Alert | 4 min read | 07.02.25
Merger consent orders are back at the FTC, and the FTC’s most recent action showcases how the current leadership is analyzing divestiture proposals. Last week, the FTC approved a proposed consent agreement in Alimentation Couche-Tard Inc.’s (ACT) acquisition of retail fuel outlets from Giant Eagle, Inc. that paired standard retail divestitures with a “prior notice” requirement that ACT notify the agency of future acquisitions in certain markets regardless of size. This FTC has signaled greater acceptance of remedies than the prior administration, and this most recent consent puts that on display, with Commissioner Meador providing merging parties guidance on designing effective remedies.
Client Alert | 4 min read | 07.02.25
Client Alert | 3 min read | 07.02.25
USPTO's Upcoming Changes to the Accelerated Examination Program
