GAO Bites Agency On Corrective Action Discussions
Client Alert | less than 1 min read | 06.02.09
In American K-9 Detection Services, Inc. (May 5, 2009), GAO held that, in implementing corrective action in response to a protest, the agency improperly limited discussions primarily to allowing the awardee to fix its otherwise unacceptable proposal and that the limitation resulted in "unequal, not meaningful, discussions" because the agency failed to provide the protester with the opportunity to become more competitive by allowing it to address its own significant weaknesses or deficiencies through meaningful discussions. GAO also distinguished its untimeliness holding in Domain Name Alliance Registry, 2008 CPD ¶ 168, finding that there the agency informed offerors that the corrective action would not include discussions, while here "the agency did not clearly announce the ground rules of the corrective action."
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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.
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