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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 | 9 min read | 09.11.25

One Year After Illumina/Grail – How Are EU Competition Authorities Now Dealing With Below-Threshold Mergers

About one year ago, the European Court of Justice (CJEU) ruled in its landmark Illumina/Grail judgment that the European Commission could not accept merger referrals from national competition authorities under Article 22 of the EU Merger Regulation (EUMR) unless those authorities had jurisdiction to review the transaction themselves (see our previous alert)....