Unequal Price Discussions Sink Award
Client Alert | less than 1 min read | 02.06.06
In Sytronics, Inc. (Dec. 29, 2005, http://www.gao.gov/decisions/bidpro/297346.pdf), GAO held that a discussion question to the awardee labeling the proposed price as “excessive” sent a stronger message than one to the protester labeling its proposed price as “high.” Prejudice occurred because, for its final proposal revision, the awardee reduced its already-lower proposed price by a greater percentage than the protester, which allowed it to prevail in a cost-technical tradeoff despite the protester's superior technical proposal.
Insights
Client Alert | 3 min read | 07.17.26
In the underlying litigation, Epic Games alleged that Apple violated antitrust and unfair competition laws by engaging in anti-steering behavior related to purchases on Apple’s in-app payment system. Apple received a percentage of payments made through this system, and Epic Games argued that Apple prohibited app developers from informing users about alternative payment options.
Client Alert | 2 min read | 07.15.26
CMMC Phase II Suspension Requires Reconsideration of Such Requirements in Solicitations
Client Alert | 3 min read | 07.15.26
Client Alert | 3 min read | 07.14.26
