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GAO Takes Exception to Agency’s Rejection of Bid Under Buy American Act

Client Alert | 1 min read | 09.13.18

In Addison Construction Company, GAO sustained a protest challenging the Department of Energy’s (DOE) rejection as nonresponsive of a bid that sought an exception to Buy American Act (the Act) requirements without providing certain information called for by FAR 52.225-9 and 52.225-10 (the clauses relevant to the exception request). While GAO acknowledged that the protester failed to provide certain required information, GAO nonetheless held that DOE could not simply reject the bid. Instead, because the protester provided sufficient information for DOE to understand the basis for the request, and because the omission of the information provided the protestor with no competitive advantage, GAO held that DOE was required to investigate whether an exception was appropriate. While the decision appears to flip the obligation that offerors submit well-written complete proposals, the decision is limited to the Act itself and the clauses at issue, which GAO held do not “require[] an agency to reject a bid as nonresponsive” in the face of missing information. As such, protestors should take heed that this case about exceptions to the rule represents the exception, not the rule.

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Client Alert | 9 min read | 10.21.26

Artificial Intelligence in Life Sciences: Reliability of AI-Generated Evidence in Drug Discovery and Development

The life sciences sector is uniquely vulnerable to the inherent risks of AI-generated evidence in drug development and discovery. This client alert focuses on five core challenges: hallucinations, skewed predictions from unrepresentative training data, the opacity of AI reasoning, input sensitivity that undermines reproducibility, and adversarial manipulation of training data. To address these risks, companies should use experimental validation and human oversight as the common legal and regulatory safety net. This entails among other measures auditing AI outputs, characterizing training data, and structural oversight. Companies also should prepare for evolving frameworks and guidance from the U.S. Food and Drug Administration (FDA) and the European Union (EU) that address use of AI in drug discovery and development .  ...