Request For Clarification Amounts To Discussions
Client Alert | less than 1 min read | 08.04.06
In University of Dayton Research Institute (June 15, 2006, http://www.gao.gov/decisions/bidpro/2969466.pdf), the GAO found that an agency's request for vendors to clarify certain discrepancies in their proposed rate tables constituted discussions because the proposal discrepancies were so material that the agency could not conduct a price evaluation without the clarifications and the corrections resulted in significant changes to the proposed prices. As a consequence, GAO held that the agency was required to conduct meaningful discussions with all offerors in the competitive range, which it had not done with the protester.
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Client Alert | 2 min read | 07.24.26
GAO Finds That Challenge to Agency’s Failure to Comply With DFARS Requirement Comes Too Late
GAO’s recent dismissal of the protest in Tyonek Technical Innovations, LLC, B-424364, B-424364.2, June 30, 2026, carries an important lesson for government contractors: if you believe solicitation terms conflict with a statute or regulation, you must raise that challenge before proposals are due—not during discussions or afterwards.
Client Alert | 3 min read | 07.23.26
Client Alert | 3 min read | 07.23.26
Second Circuit Affirms Preliminary Injunction Against Nielsen in Constructive Tying Case
Client Alert | 4 min read | 07.22.26
