Third Time’s Not a Charm; Disparate Compensation Evaluation Leaves Navy Stranded
Client Alert | 1 min read | 12.07.17
On November 20, 2017, the Government Accountability Office released its decision in Fluor Federal Solutions, LLC, B-410486.9, sustaining a protest challenging the Navy’s third award decision for an 8-year contract to provide base operations support services on the island of Guam. Following a sustained protest challenging the Navy’s discussions and proposal evaluations (CFS-KBR Marianas Support Services, LLC; Flour Federal Solutions LLC, B-410486, et al., Jan. 2, 2015 (Round 1)), and an outcome prediction ADR in which GAO advised that it would sustain the protester’s second protest challenging the Navy’s evaluation of the awardee’s exempt employee compensation plan (Round 2), the Navy again selected the same awardee. In this protest (Round 3), GAO found that the Navy engaged in disparate treatment when it downgraded the protester for proposing reduced compensation of exempt employees while overlooking similar risk in the awardee’s proposed plan, which involved replacing exempt employees with new hires at reduced compensation through multiple hiring cycles.
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Client Alert | 7 min read | 10.22.26
Africa, MENA, and the Arbitration Act 2025: LCIA’s Latest Report
The LCIA's 2025 Annual Casework Report contains a finding that should command the attention of any business with commercial exposure to Africa or the Middle East. Participation from the Middle East and North Africa (MENA) rose to almost 15% of the LCIA's caseload in 2025, and the UAE alone is now the third most represented jurisdiction globally, overtaking every non-Anglophone jurisdiction in the world.[1] That shift did not happen in isolation. It coincided with the entry into force of the Arbitration Act 2025 (the 2025 Act) — the most significant reform of English arbitration law in a generation — and a dramatic surge in parties deploying the LCIA's procedural toolkit more aggressively than ever before.[2]
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