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 | 2 min read | 03.27.26
CMS Releases PY 2020 RADV Audit Methods and Instructions: Key Takeaways for Health Plans
On March 20, 2026, the Centers for Medicare and Medicaid Services (CMS) released new guidance outlining the agency’s audit methods and instructions for Medicare Advantage (MA) plans subject to upcoming risk adjustment data validation (RADV) audits for payment year (PY) 2020. In addition to providing necessary context for MA plans selected for auditing, this resource clarifies CMS’s methodological and procedural expectations. While the high-level takeaways are recapped below for convenience, we strongly recommend that MA organizations selected for PY 2020 audits closely review the guidance to understand what may be involved — or required — during the agency’s review.
Client Alert | 4 min read | 03.25.26
NAIC Intensifies AI Regulatory Focus: What Health Insurance Payors Need to Know
Client Alert | 11 min read | 03.25.26
White House National AI Policy Framework Calls for Preempting State Laws, Protecting Children
Client Alert | 3 min read | 03.24.26
California Considering A Massive Expansion of Its Antitrust Laws
