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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).

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Client Alert | 2 min read | 06.09.26

The Commercial Payments Bill: What Businesses Need to Know

Introduced to Parliament on 19 May 2026, the Commercial Payments Bill represents a significant reform to payment legislation. Targeting a problem that costs the economy £11 billion per year, the Bill introduces a package of hard-edged protections that businesses cannot avoid through contract....