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 | 8 min read | 09.09.25
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.”
Client Alert | 12 min read | 09.09.25
Client Alert | 7 min read | 09.08.25
California’s Climate Disclosure Laws Continue to Roll Forward
Client Alert | 3 min read | 09.08.25
RADV Audits: Implications and Recommendations for Medicare Advantage Organizations
