Successful Protest Leads To Award
Client Alert | 1 min read | 11.24.08
In ASRC Research & Tech. Solutions, Inc.(Aug. 21, 2008), GAO found that (1) NASA had unreasonably concluded that the proposed labor rates of the protester (represented by C&M) to capture incumbent personnel presented significant technical risk when NASA did not know whether the protester's rates, which were based on weighted average rates that accounted for the percentage of personnel assigned to each labor category, were any better reflection of the individual incumbent rates than the straight average labor rates relied on by NASA; and (2) NASA's past performance evaluation unreasonably failed to consider the substantial size difference between the awardee's past performance references and the contemplated contract. GAO left NASA with few options for its reevaluation of the technical proposals and specifically instructed NASA both to remove the "Significant Weakness" that had been improperly assigned to the protester and adjust its point scores and ratings accordingly, which led to a contract award to the protester.
Contacts
Insights
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.
Client Alert | 3 min read | 01.20.26
Federal Government Challenges Minnesota Law Requiring Affirmative Action in State Government
Client Alert | 1 min read | 01.20.26
Client Alert | 6 min read | 01.16.26
Trump Administration Rolls Out New DOJ Division for National Fraud Enforcement

