GAO Denies Air Force "Leeway" to Conduct Tradeoff Using Paired Proposals
Client Alert | 1 min read | 12.09.19
In a recent decision, Blue Origin Florida, LLC, GAO sustained a pre-award protest challenging the stated basis for award in an Air Force solicitation for two competitive, fixed-price contracts for space launch services. While the solicitation included evaluation criteria and their relative importance, it did not contemplate a standard source selection whereby the agency would conduct one-to-one tradeoff analyses to determine the top two best value proposals. Instead, the solicitation required award to the two offerors that, “when combined,” represented the best value to the government.
The Air Force sought to justify this approach by arguing that the top two ranked proposals might not provide the best overall value to the government if, for example, they shared common strengths and weaknesses, whereas a lower ranked proposal might possess strengths and weaknesses that complement those of a higher-ranked proposal. GAO sustained the protest, reasoning that “short of colluding with other potential offerors to coordinate their respective proposals, it is not apparent how an offeror could intelligently compete” because the offeror would be evaluated according to its general compatibility with another’s proprietary bid and not the merits of its own proposal.
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Client Alert | 14 min read | 03.13.26
AI for Government: 7 Days for Contractor Comments on GSA Proposed Contract Clause for AI Systems
On March 6, 2026, the General Services Administration (GSA) issued a significant proposed contract clause, GSAR 552.239-7001, Basic Safeguarding of Artificial Intelligence Systems (“Clause”), for inclusion in GSA Schedule solicitations and contracts for AI capabilities. The proposed clause would impose substantial new requirements related to AI sources, intellectual property rights, data use, change management, and performance standards. The Clause would also take precedence over any other contract terms (including commercial licensing terms) related to AI, including a Seller’s terms of sale and service to which the Government had previously agreed. GSA requests comments by March 20, 2026.
Client Alert | 3 min read | 03.12.26
DOJ Releases First-Ever Department-Wide Corporate Enforcement and Voluntary Self-Disclosure Policy
Client Alert | 3 min read | 03.12.26


