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Lack of Documented Award Defeats Discussions with Putative Awardee

Client Alert | less than 1 min read | 03.02.16

In SRA Int’l, Inc. (released last week), although the solicitation allowed the government to negotiate a final reduced price with the prospective awardee after it had been selected for award, GSA conducted discussions with the eventual awardee before documenting any best value determination and before the evaluations were even finalized. Because GSA did not conduct discussions with any other offerors, GAO held that the discussions were unequal and recommended that GSA go back, establish a competitive range, and open discussions with all remaining offerors.

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Client Alert | 4 min read | 03.04.26

Sixth Circuit Finds EFAA Arbitration Bar to Entire Case — Not Just Sexual Harassment Claims

The United States Court of Appeals for the Sixth Circuit held, in an issue of first impression for that court, that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) renders an employer’s pre-dispute arbitration agreement unenforceable as to a plaintiff's entire lawsuit, whenever the lawsuit includes a viable sexual harassment claim....