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Relaxation Of Requirements = Out-Of-Scope Mod

Client Alert | less than 1 min read | 06.22.05

In Poly-Pacific Technologies, Inc. (June 1, 2005 http://www.gao.gov/decisions/bidpro/296029.pdf), GAO found that an agency's modification that relaxed the requirements of an existing contract amounted to an improper out-of-scope modification and that the agency was required to have conducted a new competition. This decision shows that "cardinal" modifications can occur with relaxations, as well as expansions, of requirements.

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Client Alert | 4 min read | 05.15.25

Court of Federal Claims Decision Offers Potential Recovery Opportunity for Energy Savings Performance Contracts and Task Order Bid Protests

A recent Court of Federal Claims decision addressed a novel fact pattern involving a bid protest (seeking bid preparation costs) relating to an energy savings performance contract (ESPC) and has the potential to expand contractor recovery opportunities in both areas of law....