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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.

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Client Alert | 8 min read | 09.18.26

Mining, Indigenous Consultation Rights, and Investment Treaty Protection: Part 2

Part Two of a Two-Part Client Alert Series. This Alert builds on the discussion in Part One, which surveyed Bear Creek (2017), Copper Mesa (2016), South American Silver (2018), Eco Oro (2021), and Lupaka (2025)....