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Lack Of Experience Can Be Cured

Client Alert | 1 min read | 06.02.06

In T Square Logistics Services Corp. – Costs (Apr. 26, 2006, http://www.gao.gov/decisions/bidpro/2977904.pdf), a decision triggered by the agency's refusal to pay protest costs following a corrective action, GAO held that the original protest was clearly meritorious because the agency had failed to conduct meaningful discussions to disclose its concerns about the protester's lack of experience in several functional areas relevant to the contract. Rejecting the agency's argument that no discussions were required because the lack of experience could not be cured in a revised proposal, GAO noted that protester had asserted that, had it been advised of the agency's concerns, it would have proposed subcontractors with the necessary experience.

Insights

Client Alert | 4 min read | 08.20.25

FAR Council Issues Rewrites to FAR Parts 8 and 12

On August 14, 2025, the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory Council (FAR Council) issued draft revisions to FAR Part 8 and FAR Part 12 (as well as to FAR Parts 4 and 40). These are the latest rewrites under the Revolutionary FAR Overhaul (RFO) initiative pursuant to Executive Order 14275, “Restoring Common Sense to Federal Procurement,” which we previously reported on here....