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Awardee's Reliance on Incumbent Employee Who Had Never Been Contacted Constitutes a Material Misrepresentation of Proposed Staff

Client Alert | 1 min read | 01.07.20

In T3I Sols., LLC, GAO sustained a post-award protest challenging an Air Force award for courseware and training services finding that the awardee materially misrepresented its available workforce by proposing an incumbent employee without contacting that employee in advance of proposal submission or obtaining permission to include him as part of the awardee’s proposed team. The agency relied on the awardee’s representations regarding this employee and his qualifications in finding the awardee technically acceptable. GAO rejected the argument that there was no misrepresentation because the solicitation did not require commitment letters or employee representations. GAO further explained that the awardee’s “hope or belief” that it would be able to offer incumbent employees was not sufficient to represent commitment without more. 

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Client Alert | 1 min read | 07.03.24

Supreme Court Vacates and Remands D.C. Circuit’s Decision in Broadview Solar Case in Light of Chevron Ruling

In one of the first rulings applying Loper Bright Enterprises v. Raimondo, the Supreme Court on Tuesday vacated and remanded the D.C. Circuit’s decision in Solar Energy Industries Association v. FERC for further consideration....