1. Home
  2. |Insights
  3. |Successful Protest Leads To Award

Successful Protest Leads To Award

Client Alert | 1 min read | 11.24.08

In ASRC Research & Tech. Solutions, Inc.(Aug. 21, 2008), GAO found that (1) NASA had unreasonably concluded that the proposed labor rates of the protester (represented by C&M) to capture incumbent personnel presented significant technical risk when NASA did not know whether the protester's rates, which were based on weighted average rates that accounted for the percentage of personnel assigned to each labor category, were any better reflection of the individual incumbent rates than the straight average labor rates relied on by NASA; and (2) NASA's past performance evaluation unreasonably failed to consider the substantial size difference between the awardee's past performance references and the contemplated contract. GAO left NASA with few options for its reevaluation of the technical proposals and specifically instructed NASA both to remove the "Significant Weakness" that had been improperly assigned to the protester and adjust its point scores and ratings accordingly, which led to a contract award to the protester.

Insights

Client Alert | 7 min read | 06.24.26

DOJ’s National Security Division Announces First Declination Under New Corporate Enforcement Policy With Parallel BIS Settlement

On June 17, 2026, the U.S. Department of Justice’s (DOJ( National Security Division (NSD) announced that it had issued a declination for Robert Bosch GmbH (Bosch) relating to potential violations of the Export Control Reform Act, 50 U.S.C. § 4819 (ECRA). Specifically, the DOJ declined to criminally prosecute Bosch’s violations of the Export Administration Regulations’ (EAR) Foreign Direct Product Rule (FDPR), which apparently resulted from two Bosch subsidiaries’ export of products and software manufactured with equipment that was the direct product of U.S. software or technology to Huawei Technologies Co., Ltd. and its “Entity List” affiliates, including Huawei Tech. Investment Co., Ltd., Hong Kong (collectively, Huawei). The same day, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a parallel civil administrative settlement with Bosch....