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Watch for Conversion of Best-Value Evaluation to Lowest-Cost, Technically Acceptable

Client Alert | less than 1 min read | 12.04.13

With budgetary pressures increasing, agencies are more prone to make cost the determinative factor in their evaluations – regardless of the actual evaluation scheme – improperly converting a procurement into a lowest-cost, technically acceptable one. As demonstrated in GAO's recent decision in Logistics 2020, Inc. (Nov. 6, 2013), this may occur when a solicitation calls for a best-value award, but the agency uses evaluation criteria that merely measure whether proposals are technically acceptable, not whether any qualitative differences exist between proposals.


Insights

Client Alert | 4 min read | 12.31.25

Raising the Bar: New York Expands Consumer Protection Law with FAIR Business Practices Act

New York Governor Kathy Hochul has signed into law the most significant update to New York’s consumer protection law in 45 years — the Fostering Affordability and Integrity through Reasonable Business Practices Act, or FAIR Business Practices Act — expanding the scope of the state’s authority to now challenge unfair and abusive business practices. The measure, backed by New York Attorney General (“AG”) Letitia James and signed on December 19, 2025, amends New York’s General Business Law § 349, giving regulators new tools to protect consumers and promote fair marketplace practices....