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Protest Sustained Because Agency Unreasonably Evaluated Weaknesses In Protester's Proposal

Client Alert | 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).

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Client Alert | 3 min read | 01.20.26

DoW Joins SBA’s Fight Against Alleged Pass-Through Fraud in the 8(a) Program

On January 16, 2026, U.S. Secretary of War Pete Hegseth posted a video on social media outlining the U.S. Department of War’s (DoW) plan to combat fraud, waste, and abuse in the Small Business Administration’s (SBA) 8(a) Business Development Program. ...