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Lack of Documented Award Defeats Discussions with Putative Awardee

Client Alert | less than 1 min read | 03.02.16

In SRA Int’l, Inc. (released last week), although the solicitation allowed the government to negotiate a final reduced price with the prospective awardee after it had been selected for award, GSA conducted discussions with the eventual awardee before documenting any best value determination and before the evaluations were even finalized. Because GSA did not conduct discussions with any other offerors, GAO held that the discussions were unequal and recommended that GSA go back, establish a competitive range, and open discussions with all remaining offerors.

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Client Alert | 3 min read | 04.26.24

CFIUS Proposes Enhanced Enforcement and Mitigation Rules and Steeper Penalties for Non-Compliance

On April 11, 2024, the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”) announced proposed amendments to its enforcement and mitigation regulations, marking the first substantive update to CFIUS’s mitigation and enforcement provisions since the enactment of the Foreign Investment Risk Review Modernization Act of 2018.  The Committee issued a notice of proposed rulemaking ("NPRM”) that would modify the regulations that apply to certain investments and acquisitions, as well as real estate transactions, by foreign persons as follows:...