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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 | 3 min read | 04.24.24

Digging Deeper: “American Made” Claims From the Tenth Circuit’s Decision in I DIG Texas v. Kerry Creager Diverge from FTC Guidance

On April 12, 2024, the Tenth Circuit issued a decision in I DIG Texas LLC v. Kerry Creager, which analyzed country-of-origin claims in a manner that diverged from the well-established Federal Trade Commission’s “Made in USA” policy....