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On Time Means On Time

Client Alert | less than 1 min read | 11.09.06

Late is late, even if only by 2 minutes, according to the GAO in Omega Systems, Inc. (Nov. 6, 2006, http://www.gao.gov/decisions/bidpro/298767.pdf), denying a protest challenging the Marine Corps' refusal to consider an offeror's late final proposal revision. Although the protester claimed its late proposal revision was acceptable because it was a modification to an "otherwise successful proposal that makes its terms more favorable to the government," the GAO held that an otherwise successful proposal is one that "would result in the award of the contract to the offeror regardless of the late modification," and here the protester's price without the revision was too high to win.

Insights

Client Alert | 7 min read | 02.20.26

Section 5949 Proposed Rule Puts the FAR Council's Chips on the Table

On February 17, 2026, the Federal Acquisition Regulatory Council (FAR Council) released a Proposed Rule (Proposed Rule) to implement Section 5949(a) of the James M. Inhofe National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2023 (Section 5949), following the FAR Council’s May 3, 2024 Advanced Notice of Proposed Rulemaking (ANPR).  Comments on the proposed rule are due by April 20, 2026....