Inadequate Documentation Dooms Cost Realism Evaluation
Client Alert | less than 1 min read | 02.14.12
In TriCenturion, Inc.; SafeGuard Services, LLC (Jan. 25, 2012), a case in which C&M represented one of the protesters, GAO sustained challenges to the agency’s determination that the awardee’s proposed labor costs were realistic in light of its technical approach, finding that the “inadequate” and “apparently incomplete” evaluation record, which the agency was unable to bolster through hearing testimony, failed to support the agency’s conclusions. GAO also sustained challenges to the agency’s technical and past performance evaluations.
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On September 5, 2025, the Federal Trade Commission (“FTC”) withdrew its appeals of decisions issued by Texas and Florida federal district courts, which enjoined the FTC from enforcing a nationwide rule banning almost all noncompete employment agreements. Companies, however, should not read this decision to mean that their noncompete agreements will no longer be subjected to antitrust scrutiny by federal enforcers. In a statement joined by Commissioner Melissa Holyoak, Chairman Andrew Ferguson stressed that the FTC “will continue to enforce the antitrust laws aggressively against noncompete agreements” and warned that “firms in industries plagued by thickets of noncompete agreements will receive [in the coming days] warning letters from me, urging them to consider abandoning those agreements as the Commission prepares investigations and enforcement actions.”
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