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Agency Failure to Consider Proposal Differences Invalidates Award

Client Alert | less than 1 min read | 07.06.11

In One Largo Metro LLC (June 20, 2011), GAO sustained three protests to a best value procurement for office space for HHS when GSA evaluated one of the technical subfactors in a manner inconsistent with the solicitation and failed to consider meaningfully the evaluated differences in the proposals. Regarding the latter protest ground, the source selection official, by disregarding the recommendations of the lower-level evaluators without explanation, did not conduct a well documented, meaningful consideration of the identified technical differences between the proposals and instead based her decision on a mechanical comparison of the subfactor ratings assigned by the lower-level evaluators.

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Client Alert | 7 min read | 10.27.26

New Developments in DOJ Whistleblower Policies and HHS Disclosures: Key Takeaways for General Counsel, Chief Compliance Officers, and Boards

On October 20, 2026, the U.S. Department of Justice’s (DOJ) National Fraud Enforcement Division announced a new whistleblower rewards initiative, the Fraud Whistleblower Incentive Program (WHIP). Assistant Attorney General Colin M. McDonald issued a directive earlier this month directing Division leadership to design and implement policies and programs that incentivize whistleblowers to bring forward credible information pertaining to fraud. The new WHIP incentive pays awards of $10,000 to $30,000 for qualifying tips at or around the time criminal charges are filed or unsealed, rather than years later at case resolution....