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GAO Rejects Rubber-Stamp LPTA Technical Evaluation

Client Alert | less than 1 min read | 12.14.15

In a low-price-technically-acceptable procurement for IDIQ contracts for flame-resistant Army combat shirts, GAO sustained a challenge to the technical evaluation because the agency did not critically evaluate whether any of the three awardees' proposals actually met a particular solicitation requirement. GAO rejected the agency's nondescript finding that each awardee's proposal was "acceptable," and instead concluded that none of the awardees had provided a meaningful narrative addressing the requirement and that one, in fact, had included test data in its proposal showing that it did not meet the requirement.


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Client Alert | 2 min read | 04.29.25

President Trump Issues Executive Order Deprioritizing Disparate Impact Theory of Discrimination

On April 23, 2025, President Trump signed an executive order, Restoring Equality of Opportunity and Meritocracy, declaring it the policy of the United States “to eliminate the use of disparate-impact liability in all contexts to the maximum degree possible to avoid violating the constitution, Federal civil rights laws, and basic American ideals.” The order reasons that “disparate impact liability all but requires individuals and businesses to consider race and engage in racial balancing to avoid potentially crippling legal liability.”...