Watch for Conversion of Best-Value Evaluation to Lowest-Cost, Technically Acceptable
Client Alert | less than 1 min read | 12.04.13
With budgetary pressures increasing, agencies are more prone to make cost the determinative factor in their evaluations – regardless of the actual evaluation scheme – improperly converting a procurement into a lowest-cost, technically acceptable one. As demonstrated in GAO's recent decision in Logistics 2020, Inc. (Nov. 6, 2013), this may occur when a solicitation calls for a best-value award, but the agency uses evaluation criteria that merely measure whether proposals are technically acceptable, not whether any qualitative differences exist between proposals.
Insights
Client Alert | 7 min read | 06.24.26
On June 17, 2026, the U.S. Department of Justice’s (DOJ( National Security Division (NSD) announced that it had issued a declination for Robert Bosch GmbH (Bosch) relating to potential violations of the Export Control Reform Act, 50 U.S.C. § 4819 (ECRA). Specifically, the DOJ declined to criminally prosecute Bosch’s violations of the Export Administration Regulations’ (EAR) Foreign Direct Product Rule (FDPR), which apparently resulted from two Bosch subsidiaries’ export of products and software manufactured with equipment that was the direct product of U.S. software or technology to Huawei Technologies Co., Ltd. and its “Entity List” affiliates, including Huawei Tech. Investment Co., Ltd., Hong Kong (collectively, Huawei). The same day, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a parallel civil administrative settlement with Bosch.
Client Alert | 3 min read | 06.24.26
Client Alert | 4 min read | 06.23.26
EPA Hands Over AI Data Center Regulation to States and Communities to Develop Best Practices
Client Alert | 3 min read | 06.22.26
