Price Realism Requirement Must Be Stated to Allow Unacceptability Finding
Client Alert | 1 min read | 11.25.15
In W.P. Tax & Accounting Group (Nov. 13, 2015), GAO reminded agencies that, in fixed-price procurements, below-cost pricing is not inherently improper and cannot serve as the basis for a technical unacceptability finding when the solicitation does not provide for a price realism evaluation. Because the solicitation in W.P. said nothing about a price realism evaluation, GAO overturned the agency's rejection of the low-priced vendor's quotation as technically unacceptable and recommended that the agency either reevaluate the vendor's quotation against the stated evaluation criteria or amend the solicitation to provide for a price realism evaluation.
Contacts
Insights
Client Alert | 4 min read | 08.29.25
Gender-Affirming Care Targeted for Potential False Claims Act Enforcement
On August 19, 2025, the Office of Personnel Management (OPM) informed insurers participating in the Federal Employees Health Benefits or Postal Service Health Benefits programs that gender-affirming care would no longer be covered for federal workers starting in 2026. This coverage decision is the Trump Administration’s latest action stemming from Executive Order 14187 which aims to prevent certain treatments, such as gender-affirming hormone therapy, surgeries, and puberty blockers for those under the age of 19. As previously discussed, the Administration has also signaled its intent to use various law enforcement tools against gender-affirming care, including Section 5 of the Federal Trade Commission Act to police false or unsupported claims by medical professionals about gender-affirming treatments.
Client Alert | 4 min read | 08.28.25
9th Circuit Marches Forward to the Future Finding Digital Assets Are Protected Under Trademark Law
Client Alert | 2 min read | 08.27.25
CPSC Maintains Momentum on eFiling Requirements for Consumer Products
Client Alert | 10 min read | 08.27.25
The New EU “Pharma Package”: Advertising – A Comparison of Commission/Parliament/Council Positions
