Protest Sustained Because Agency Unreasonably Evaluated Weaknesses In Protester's Proposal
Client Alert | less than 1 min read | 09.19.06
In Intercon Assocs., Inc. (Aug. 10, 2006, http://www.gao.gov/decisions/bidpro/298282.pdf), the GAO held that the GSA acted unreasonably and without adequate support in evaluating several weaknesses in the protester's proposal, tainting the agency's source selection decision. The GAO found that five out of the six weaknesses identified by GSA were unreasonable, either because the agency's evaluation was "factually incorrect" (e.g., GSA erroneously identified technical disadvantages in proposed software), "internally contradictory" (e.g., GSA downgraded proposal for certain technical features on which agency also commented favorably), "cryptic" (e.g., GSA criticized a software function for "look[ing] weird"), or otherwise "unreasonable" (e.g., GSA downgraded proposed software for having a limitation that was present in all offerors' products).
Insights
Client Alert | 4 min read | 11.10.26
D.C. District Court Upholds CMS’s 2020 Organ Procurement Rule
It’s been about a month since the U.S. District Court for the Middle District of Florida upheld the Centers for Medicare and Medicaid’s (CMS) final rule governing organ procurement organizations (OPM). (See our previous Client Alert here.) The U.S. District Court for the District of Columbia followed suit. In contrast to the Florida decision, the D.C. decision was brief and to the point. The rule establishes a competitive model for classifying OPOs under the following three tiers.
Client Alert | 8 min read | 11.10.26
EU Simplifies Rules on Defense Procurement and Transfers of Defense-Related Products
Client Alert | 3 min read | 11.09.26
Client Alert | 4 min read | 11.09.26
