One-Sided Discussions with the Awardee—the Solution, Not the Problem
Client Alert | 1 min read | 02.18.16
Last month in Caddell Construction v. U.S., the Court of Federal Claims declared the State Department's award of a contract for construction of a new embassy compound in Mozambique null and void and ordered the agency to reopen discussions with only the awardee and to reevaluate the offerors' pricing. In the redacted opinion released on February 10, the Court explained that the unusual remedy of one-sided discussions was appropriate because the agency misled the awardee during discussions into lowering its price when it was already the only price below the Independent Government Estimate and because the awardee would be prejudiced if all offerors were allowed to revise their proposals, given that the misleading discussions affected only the awardee and the award price and IGE had already been publicly disclosed.
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Client Alert | 5 min read | 06.05.26
The Office of Management and Budget issued on May 29, 2026 a Proposed Rule that would significantly revise the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) at 2 C.F.R. Part 200, potentially impacting the full lifecycle of federal grants, cooperative agreements and other forms of financial assistance, from pre-award merit review through post-award administration and termination. These proposed changes are designed to implement the President’s policy priorities, executive actions related to diversity, equity and inclusion (DEI) activities, and Executive Order No. 14332, Improving Oversight of Federal Grantmaking (EO 14332).
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Surveillance Pricing Update: California’s Sweeping AB 2564 Passes Assembly and Heads to Senate
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