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When Does An Oral Presentation Become A "Discussion"?

Client Alert | less than 1 min read | 03.04.04

GAO ruled that an offeror’s oral presentation and the ensuing question and answer session did not become "discussions" that would trigger other offerors’ rights to revise their proposals, upholding a huge military health services contract award in Sierra Military Health Services (Dec. 5, 2003) — a protest in which Crowell & Moring represented the awardee. Tackling a difficult issue with a fact-bound decision, GAO held that an offeror’s presentation and the Q&A session constitute "discussions" only if agency personnel gave that offeror a chance to revise its proposal in, for example, the answers to the evaluators’ questions.

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Client Alert | 3 min read | 11.05.25

Five State Attorneys General Claim Sustainable Plastics Collaborations May Violate Antitrust and Consumer Protection Laws

On October 29, 2025, the attorneys general of Florida, Texas, Iowa, Nebraska, and Montana (the “State AGs”) jointly issued letters to three sustainability groups asserting that their plastics recycling initiatives may violate state and federal antitrust and consumer protection laws....