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 | 4 min read | 08.14.26
License to Hack? The White House Greenlights Private-Sector Offensive Cyber Operations
On August 12, 2026, the White House released a National Security Presidential Memorandum (NSPM) making a seismic shift in U.S. cybersecurity policy and establishing a framework to authorize private-sector companies to conduct offensive cyber operations — historically strictly prohibited by federal law — against foreign Cyber-Enabled Transnational Criminal Organizations (CE-TCO). It builds on an executive order issued in March 2026 that directed federal agencies to develop plans to combat cybercrimes against Americans.
Client Alert | 4 min read | 08.13.26
Supreme Court Confirms Contractual Loss of Bargain Without Repudiatory Breach
Client Alert | 7 min read | 08.12.26
Developments in Canadian Investment Treaty Practice: New FIPA Between Canada and UAE in Force
Client Alert | 6 min read | 08.11.26
