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Relaxation Of Requirements = Out-Of-Scope Mod

Client Alert | less than 1 min read | 06.22.05

In Poly-Pacific Technologies, Inc. (June 1, 2005 http://www.gao.gov/decisions/bidpro/296029.pdf), GAO found that an agency's modification that relaxed the requirements of an existing contract amounted to an improper out-of-scope modification and that the agency was required to have conducted a new competition. This decision shows that "cardinal" modifications can occur with relaxations, as well as expansions, of requirements.

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Client Alert | 2 min read | 12.29.25

FYI – GAO Finds Key Person “Available” Despite Accepting Employment with a Different Company

GAO’s key personnel rule is well-known—and often a source of frustration— amongst government contractors.  Proposed key personnel who become “unavailable” prior to contract award—especially where they have accepted employment with a different company—may doom an offeror’s proposal by rendering it noncompliant with solicitation requirements.  But GAO’s recent decision in FYI – For Your Information, Inc., B-423774, B-423774.2 (Dec. 19, 2025) provides some potential relief from that rule. ...