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Agency Reasonably Distrusts Its Own Estimates

Client Alert | less than 1 min read | 04.27.04

In Burney & Burney Constr. Co. (Mar. 19, 2004), GAO upheld an agency’s rejection of a low bid as unbalanced because some of the line items were significantly overstated and, if the agency had ordered more than the estimated quantities for those line items under this requirements contract, the agency would end up paying more under the low bid than under the next-to-low bid. GAO upheld this approach even though the agency used different estimated quantities for the unbalanced bidding analysis than it did for the price determination of the low bid, reasoning that using different estimates for different purposes was reasonable.

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Client Alert | 8 min read | 10.01.25

BIS Issues “Affiliates Rule” to Dramatically Expand Applicability of Entity and Military End-User Lists

On September 29, 2025, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a sweeping Interim Final Rule (IFR), (the “Affiliates Rule”) expanding which entities qualify as Entity List or Military End-User entities, thereby subjecting those entities to elevated export control restrictions under the Export Administration Regulations (EAR). U.S. export restrictions applicable to entities on the Entity List, Military End-User (MEU) List, and Specially Designated Nationals and Blocked Persons (SDN List) now apply to foreign affiliates that are, in the aggregate, owned 50% or more by one or more of the aforementioned entities. An entity that becomes subject to these restrictions because of its ownership structure will be subject to the most restrictive controls that attach to any of its parent entities, regardless of ownership stakes....