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TAA Thresholds: Downward Trend Continues for 2018-2019

Client Alert | less than 1 min read | 12.13.17

On December 11, 2017, the U.S. Trade Representative published its biennial readjustment of U.S. dollar thresholds for government procurements covered by the Trade Agreements Act. The new thresholds, which go into effect January 1, 2018 for calendar years 2018 and 2019, reflect a continued decline in threshold values since the 2014-2015 revision, coinciding with the stronger value of the U.S. dollar relative to the other currencies included in market basket of currencies constituting the IMF’s Special Drawing Rights (SDRs) used to establish the thresholds contained in the WTO’s Agreement on Government Procurement.

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Client Alert | 3 min read | 07.23.26

Protester Beware: Recent GAO Decision Suggests Traditional “Reasonable Possibility” Prejudice Standard May Be Evolving

It is well established that “[c]ompetitive prejudice is an essential element of every viable protest.” Yet, for decades, the U.S. Government Accountability Office (GAO) has tempered this requirement with two critical corollaries: protesters need only demonstrate a “reasonable possibility” that they were prejudiced by an agency’s actions, and GAO “will resolve doubts regarding prejudice in favor of the protester.” These principles have been consistent features of GAO’s bid protest jurisprudence for more than 30 years. See, e.g., United Int’l Eng'g, Inc., B-245448, Jan. 29, 1992, 71 CPD ¶ 177....