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When Does An Oral Presentation Become A "Discussion"?

Client Alert | less than 1 min read | 03.04.04

GAO ruled that an offeror’s oral presentation and the ensuing question and answer session did not become "discussions" that would trigger other offerors’ rights to revise their proposals, upholding a huge military health services contract award in Sierra Military Health Services (Dec. 5, 2003) — a protest in which Crowell & Moring represented the awardee. Tackling a difficult issue with a fact-bound decision, GAO held that an offeror’s presentation and the Q&A session constitute "discussions" only if agency personnel gave that offeror a chance to revise its proposal in, for example, the answers to the evaluators’ questions.

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Client Alert | 5 min read | 04.13.26

EU Pharma Package: Global (Orphan) Marketing Authorization Compromise Proposal

In our fifth alert in this EU Pharma Package Series, we provided an analysis of the background and ongoing legal debates regarding the concept of the global marketing authorization (GMA). We discussed in particular the missed opportunities in the Pharma Package to further codify and clarify the GMA, in view of its central role in determining the regulatory data protection (RDP) rights of a medicinal product....