Price Realism Requirement Must Be Stated to Allow Unacceptability Finding
Client Alert | 1 min read | 11.25.15
In W.P. Tax & Accounting Group (Nov. 13, 2015), GAO reminded agencies that, in fixed-price procurements, below-cost pricing is not inherently improper and cannot serve as the basis for a technical unacceptability finding when the solicitation does not provide for a price realism evaluation. Because the solicitation in W.P. said nothing about a price realism evaluation, GAO overturned the agency's rejection of the low-priced vendor's quotation as technically unacceptable and recommended that the agency either reevaluate the vendor's quotation against the stated evaluation criteria or amend the solicitation to provide for a price realism evaluation.
Contacts
Insights
Client Alert | 3 min read | 04.23.25
Auto Dealers: Buckle-Up Enhanced State-Level Enforcement Ahead
The Fifth Circuit vacated the FTC’s Combatting Auto Retail Scams (CARS) Rule in January of this year, finding that the FTC failed to follow the correct administrative procedures when it promulgated the regulation.
Client Alert | 2 min read | 04.23.25
Client Alert | 11 min read | 04.23.25
Client Alert | 4 min read | 04.23.25