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Price Realism Requirement Must Be Stated to Allow Unacceptability Finding

Client Alert | 1 min read | 11.25.15

In W.P. Tax & Accounting Group (Nov. 13, 2015), GAO reminded agencies that, in fixed-price procurements, below-cost pricing is not inherently improper and cannot serve as the basis for a technical unacceptability finding when the solicitation does not provide for a price realism evaluation. Because the solicitation in W.P. said nothing about a price realism evaluation, GAO overturned the agency's rejection of the low-priced vendor's quotation as technically unacceptable and recommended that the agency either reevaluate the vendor's quotation against the stated evaluation criteria or amend the solicitation to provide for a price realism evaluation.


Insights

Client Alert | 3 min read | 02.11.26

California SB 947 ("No Robo Bosses Act"): New Proposed Guardrails on Use of Automated Decision Systems in Employer Discipline and Termination Decisions

Employers are increasingly relying on artificial intelligence and automated decision systems (ADS) in workplaces across California and the world as avenues to boost productivity or achieve cost savings. However, some state legislators have raised concerns about the lack of worker protections and oversight in discipline and termination decisions made by ADS....