Gov’t-Watching: Newly Issued Comptroller General Legal Decisions, 27 August 2025

[from the United States Government Accountability Office]

The Government Accountability Office (GAO) today issued the following legal decisions and opinions of the Comptroller General:

Bid Protest Decisions

B-422245.6 [archived PDF], Centuria Corporation, August 1, 2025

Centuria Corporation, a service-disabled veteran-owned small business (SDVOSB) of Reston, Virginia, protests the issuance of a task order to DecisionPoint Corporation, known at the time of proposal submission as EmeSec Inc., a SDVOSB of Gaithersburg, Maryland, under fair opportunity proposal request (FOPR) No. FA8773-23-R-0003, issued by the Department of the Air Force for defensive cyber realization, integration, and operational support services. Centuria argues that the Air Force conducted discussions with the awardee without affording it an opportunity to submit a revised proposal as required by Federal Acquisition Regulation (FAR) section 15.307(b).

We deny the protest.

B-423635 [archived PDF], Helgen Industries d/b/a DeSantis Gunhide, August 26, 2025

Helgen Industries, doing business as DeSantis Gunhide, protests the award of a contract to Safariland, LLC, under request for proposals (RFP) No. SHOP-PR-25-001520, issued by the Department of Justice, Federal Bureau of Investigation (FBI), for concealment and tactical holsters. The protester contends that the awardee is an ineligible large business.

We dismiss the protest.

B-422666.2 [archived PDF], Perimeter Security Partners, LLC—Costs, August 8, 2025

Perimeter Security Partners, LLC (PSP), a small business of Brentwood, Tennessee, requests that our Office recommend that it be reimbursed for the costs of filing and pursuing its protest challenging the issuance of a task order to Low Voltage Wiring, Ltd. (LVW), a small business of Colorado Springs, Colorado, under request for quotations (RFQ) No. W912DY-24-R-0008, issued by the Department of the Army, U.S. Army Corps of Engineers (Corps), for preventative and corrective maintenance services for access control points at 19 Army installations in the northeast region of the United States. PSP argues that it should be reimbursed its protest costs because the agency unduly delayed taking corrective action in response to its clearly meritorious protest.

We grant the request.

Congressional Review Act

B-337397 [archived PDF], U.S. Department of Health and Human Services—Applicability of the Congressional Review Act to Policy on Adhering to the Text of the Administrative Procedure Act, August 27, 2025

On March 3, 2025, the U.S. Department of Health and Human Services (HHS) published in the Federal Register a policy statement titled, Policy on Adhering to the Text of the Administrative Procedure Act (2025 Policy Statement or Policy Statement). The 2025 Policy Statement rescinds a prior policy generally requiring HHS agencies and offices to use Administrative Procedure Act (APA) notice-and-comment procedures for rules relating to public property, loans, grants, benefits, or contracts and establishes a new policy giving HHS agencies and offices discretion whether to use notice-and-comment procedures for such rules.

The Congressional Review Act (CRA) requires that before a rule can take effect, an agency must submit the rule to both the House of Representatives and the Senate, as well as the Comptroller General. CRA adopts the definition of “rule” under APA but excludes certain categories of rules from coverage. We conclude that the 2025 Policy Statement is a rule for purposes of CRA because it meets the APA definition of a rule, and no CRA exception applies. Therefore, the Policy Statement is a rule subject to CRA’s submission requirements.

Economics-Watching: Why Businesses Say Tariffs Have a Delayed Effect on Inflation

[from the Federal Reserve Bank of Richmond, 8 August, 2025]

by R. Andrew BauerRenee Haltom and Matthew Martin

Regional Matters

Ever since new tariffs were enacted in early 2025, a key policy question has been what is the extent to which businesses will pass tariff costs through to prices, and when? The effects of a tariff are rarely straightforward, given, among other things, competitive dynamics and the challenges of implementation, but the historically large and changing nature of these tariffs have created additional levels of uncertainty over the effects.

In uncertain times, anecdotal evidence from businesses can be especially insightful. We are learning how businesses are reacting to tariffs through the Richmond Fed’s business surveys as well as through hundreds of one-on-one conversations with Fifth District businesses since the start of 2025.

These conversations showcase that navigating tariffs is a complex and sometimes protracted process for firms, particularly when there is uncertainty. Firms describe several reasons they may not have experienced the full impact of proposed tariffs yet (even when goods and countries they deal with are subject to them), as well as reasons that even when they have incurred tariff-related cost increases, there can be a delayed impact on pricing decisions.

Reasons Firms May Not Have Incurred Tariffs Yet

Business contacts describe several strategies or circumstances that can delay or reduce the tariffs on inputs or other imported items. These include the following:

As our monthly business surveys have found, many firms report deploying more than one strategy to delay tariffs. Notably, many of these delays are only temporary.

Reasons Tariffs May Have a Delayed Impact on Prices

Even when firms have incurred tariffs, they give several reasons why tariffs may not be immediately reflected in the prices they charge for their products. These include the following:

  • Waiting for tariff policy to clarify. Higher prices could reduce demand for goods and services and/or lead firms to lose market share, so many firms said they are hesitant to increase prices until they’re sure tariffs will remain in place. For example, a large national retailer said if tariffs are finalized at a sufficiently low level, they’ll absorb what they’ve incurred to date, but if high tariffs stick, they’ll have to raise prices. A steel fabricator for industrial equipment described being reluctant to raise prices on the 10 percent cost increases they’d seen thus far but would have to raise prices should the increases reach 12 to 13 percent. A grocery store chain was reluctant to raise prices and instead might reduce margins, which had recovered in recent years, to maintain their customer base. Some firms explicitly noted a strategy to both raise prices over time and pursue efficiency gains to cut costs and completely restore margins within a year or two.
  • Elasticity testing. Firms reported testing across goods whether consumers will accept price increases. A furniture manufacturer said he’s seen competitors pass along just 5 percentage points of the tariffs at a time so it isn’t such a huge shock to customers, though in that sector, “We all end in the same place which is the customer bearing most of it.” A national retailer said most firms are doing a version of stair-stepping tariffs through, e.g., raising prices a small amount once or twice to see if consumer demand holds, and if so, trying again two months later. This retailer said prices were going up very marginally in early summer, would increase more in July and August, and would be up by 3 to 5 percent by the end of Q4 and into 2026. Another national retailer said they would start testing the extent to which demand falls with price increases, e.g., when the first items that were subject to tariffs—in this case back to school items—hit shelves in late July.
  • Blind margin. Some firms reported attempting to pass through cost in less noticeable ways. While any price increase to consumers will be captured in measures of aggregate inflation, the fact that price increases may occur on non-tariffed goods might make it difficult to directly relate price increases to tariffs. An outdoor goods retailer said, “Unless it’s a branded item where everyone knows the price, if something goes for $18, it can also go for $19.” A national retailer plans to print new shelf labels with updated pricing, which will be less noticeable for consumers compared to multiple new price stickers layered on top. This takes time (akin to a textbook “menu cost” in economics), so it will not be reflected in prices until July and August. A grocery store said their goal was to increase average prices across the store but focus on less visible prices.
  • Selling out of preexisting inventory: Many firms noted they still have production inventory from before tariffs were announced, so they do not need to raise prices as long as they still sell these lower cost goods. A national retailer noted they have at least 25 weeks of inventory on hand for most imported products. A firm that produces grocery items said they will decide how much to raise prices as they get closer to selling tariff-affected products. Similarly, retailers order seasonal items quarters in advance. Many were receiving items for fall and winter when the new tariffs were going into effect in the spring. They paid the tariff then, but we won’t see the price increase until those items hit the shelves in the fall or winter. One retailer speculated that seasonal décor items will look the most like a one-time increase.
  • Pre-established prices. Many firms face infrequent pricing due to factors like annual contracts or pre-sales. For example, a dealer of farm equipment gets half its sales through incentivized pre-sales to lock in demand and smooth around crop cycles. They noted that while it would be difficult to retroactively ask those customers to pay for part of the tariff, they will pass tariffs directly through on spare parts. A steel fabricator for industrial equipment has a contract for steel through Q3, so they haven’t been impacted yet by price increases. However, they will face new costs once that contract expires.

In general, compared to small firms, large firms have more ability to negotiate with vendors, temporarily absorb costs, burn cash, wait for strategic opportunity, and test things out. This matters because large firms often lead pricing behavior among firms, so these strategic choices may influence the response of inflation to tariffs more generally. Even within firm size, one often hears that negotiations on price vary considerably by relationship and item.

Conclusion

A key question surrounding tariffs is whether any effects on inflation will resemble a short-lived price increase—as in the simplest textbook model of tariffs—or a more sustained increase to inflation that may warrant tighter Fed monetary policy. When asked in May what will determine the answer, Fed Chair Jerome Powell cited three factors [archived PDF]: 1) the size of the tariff effects; 2) how long it takes to work their way through to prices; and 3) whether inflation expectations remain anchored. The insights shared above suggest the process from proposed tariffs to the prices set by firms is far from instantaneous or clear-cut, particularly when tariff policy is changing.

Sensing from businesses suggests that the impact of tariffs on their price-setting [archived PDF] has been lagged, but it is starting to play out. Nonetheless, it remains highly uncertain how tariffs will impact consumer inflation. The discussion above makes clear that firms are nimble and innovative in the face of challenge, and they are concerned about losing customers in the current environment, particularly consumer-facing firms. We will continue to learn from our business contacts and share their insights.


Views expressed are those of the author(s) and do not necessarily reflect those of the Federal Reserve Bank of Richmond or the Federal Reserve System.

Existence and the Problem of Separability

In contracts and legal documents, there is a concept of “separability” which means that clause A is connected to clause B in a way that cannot be undone.

The great twentieth century French philosopher, Gabriel Marcel, has a profound non-separability analysis of existence itself. Marcel wrote:

…We cannot really separate:—

  1. Existence
  2. Consciousness of self as existing
  3. Consciousness of self as bound to a body, as incarnate.
Gabriel Marcel, Being and Having: An Existentialist Diary, Harper Torchbooks, 1965, page 10.

This leads to saying things that are very deep aspects of existential thinking governed by the points above. For example, Marcel wrote, “As I have said elsewhere, the moment I treat my body as an object of scientific knowledge, I banish myself to infinity.” Consider the end of the previous phrase. The very notion that someone, within themselves could go down a route to “banish themselves” in this way, shows you a door into very deep psychological problems. In other words, Marcel is telling you that some psychological problems could have a philosophical or existential root cause and are a type of blunder.

This is not to say that one should avoid scientific thought. Taking a drop of your blood and viewing it under a microscope is not a blunder. However, if you take this to the extreme of trying to analyze everything scientifically, to the exclusion of philosophy in daily life, this is Marcel’s warning.

Marcel’s context for this thinking is given here:

Notes for a Paper to the Philosophical Society

Undated, written in 1927 or 19281

When I affirm that something exists, I always mean that I consider this something as connected with my body, as able to be put in contact with it, however indirect this contact may be. But note must be taken that the priority I thus ascribe to my body depends on the fact that my body is given to me in a way that is not exclusively objective, i.e. on the fact that it is my body. This character, at once mysterious and intimate, of the bond between me and my body (I purposely avoid the word relation) does in fact colour all existential judgments.


What it comes to is this. We cannot really separate:—

  1. Existence
  2. Consciousness of self as existing
  3. Consciousness of self as bound to a body, as incarnate.

From this several important conclusions would seem to follow:

  1. In the first place, the existential point of view about reality cannot, it seems, be other than that of an incarnate personality. In so far as we can imagine a pure understanding, there is, for such an understanding, no possibility of considering things as existent or non-existent.
  2. On the one hand, the problem of the existence of the external world is now changed and perhaps even loses its meaning; I cannot in fact without contradiction think of my body as non-existent, since it is in connection with it (in so far as it is my body) that every existing thing is defined and placed. On the other hand, we ought to ask whether there are valid reasons for giving my body a privileged metaphysical status in comparison with other things.
  3. If this is so, it is permissible to ask whether the union of the soul and body is, in essence, really different from the union between the soul and other existing things. In other words, does not a certain experience of the self, as tied up with the universe, underlie all affirmation of existence?
  4. Inquire whether such an interpretation of the existential leads towards subjectivism.
  5. Shew how idealism tends inevitably to eliminate all existential considerations in view of the fundamental unintelligibility of existence. Idealism versus metaphysics. Values detached from existence: too real to exist.

Existential and personalist interests closely linked. The problem of the immortality of the soul is the pivot of metaphysic.

Every existent is thought of like an obstacle by which we take our bearings—like something we could collide with in certain circumstances—resistent, impenetrable. We think of this impenetrability, no doubt, but we think of it as not completely thinkable.2 Just as my body is thought of in so far as it is a body, but my thought collides with the fact that it is my body.

To say that something exists is not only to say that it belongs to the same system as my body (that it is bound to it by certain connections which reason can define), it is also to say that it is in some way united to me as my body is.

Incarnation—the central ‘given’ of metaphysic. Incarnation is the situation of a being who appears to himself to be, as it were, bound to a body. This ‘given’ is opaque to itself: opposition to the cogito. Of this body, I can neither say that it is I, nor that it is not I, nor that it is for me (object). The opposition of subject and object is found to be transcended from the start. Inversely, if I start from the opposition, treating it as fundamental, I shall find no trick of logical sleight of hand which lets me get back to the original experience, which will inevitably be either eluded or (which comes to the same thing) refused. We are not to object that this experience shews a contingent character: in point of fact, all metaphysical enquiry requires a starting-point of this kind. It can only start from a situation which is mirrored but cannot be understood.

Inquire if incarnation is a fact; it does not seem so to me, it is the ‘given’ starting from which a fact is possible (which is not true of the cogito).

A fundamental predicament which cannot be in a strict sense mastered or analysed. It is exactly this impossibility which is being stated when I declare, confusedly, that I am my body; i.e. I cannot quite treat myself as a term distinct from my body, a term which would be in a definable connection with it. As I have said else-where, the moment I treat my body as an object of scientific know-ledge, I banish myself to infinity.

This is the reason why I cannot think of my death, but only of the standstill of that machine (illam, not banc). It would perhaps be more accurate to say that I cannot anticipate my death, that is, I cannot ask myself what will become of me when the machine is no longer working.3

[1] This paper was never delivered.

[2] It is thought of, but it is never resolved. The opacity of the world is in a certain sense insoluble. The link between opacity and Meinbeit. My idea is opaque to me personally in so far as it is mine. We think of it as an adherence. (Note written Feb. 24th, 1929.)

[3] ‘To be involved.’ (idée d’un engagement) Try to shew in what sense this implies the impossibility (or absolute non-validity of my representing my death. In trying to think of my death I break the rules of the game. But it is radically illegitimate to convert this impossibility into a dogmatic negation. (Note written Feb. 24th, 1929.)

It is evident that this whole train of thought is at the root of le Gouvernail: the first notes on the theme of le Gouvernail were composed a few days after these. (Note written April 13th, 1934.)

Gabriel Marcel, Being and Having: An Existentialist Diary, pages 10-12

The reader should not be afraid of converting this level of discussion to everyday life and everyday slang. For example, when Marcel uses phrases like, “I banish myself to infinity” that should resonate with phrases like “flipping out.”

Take this example from Kierkegaard. There’s a book-seller in Copenhagen and he greets a customer who has just entered his shop. The book-seller turns to his wife and says, “It is I who am speaking, isn’t it?” Kierkegaard’s book-seller seems to have “banished himself” and cannot return.

Education and the Triple Helix underneath It

We want to restate the basic instinct and intuitions of this education or re-education project.

To get at the “schema” it will help you if you digress for a second and absorb this writeup of Professor Richard Lewontin’s (Harvard biology) 2002 masterpiece, The Triple Helix: Gene, Organism and Environment.

The blurb from Harvard University Press tells us:

“One of our most brilliant evolutionary biologists, Richard Lewontin has also been a leading critic of those—scientists and non-scientists alike—who would misuse the science to which he has contributed so much. In The Triple Helix, Lewontin the scientist and Lewontin the critic come together to provide a concise, accessible account of what his work has taught him about biology and about its relevance to human affairs. In the process, he exposes some of the common and troubling misconceptions that misdirect and stall our understanding of biology and evolution.

The central message of this book is that we will never fully understand living things if we continue to think of genes, organisms, and environments as separate entities, each with its distinct role to play in the history and operation of organic processes. Here Lewontin shows that an organism is a unique consequence of both genes and environment, of both internal and external features. Rejecting the notion that genes determine the organism, which then adapts to the environment, he explains that organisms, influenced in their development by their circumstances, in turn create, modify, and choose the environment in which they live.

The Triple Helix is vintage Lewontin: brilliant, eloquent, passionate and deeply critical. But it is neither a manifesto for a radical new methodology nor a brief for a new theory. It is instead a primer on the complexity of biological processes, a reminder to all of us that living things are never as simple as they may seem.”

Borrow from Lewontin the idea of a “triple helix” and apply it to the ultimate wide-angle view of this process of understanding. The educational triple helix includes and always tries to coordinate:

  1. The student and their life (i.e., every student is first of all a person who is playing the role of a student). Every person is born, lives, and dies.
  2. The student and their field are related to the rest of the campus. (William James: all knowledge is relational.)
  3. The student and the world. (Container ships from Kaohsiung, Taiwan are bringing Lenovo and Acer computers to Bakersfield, California in a world of techno-commerce, exchange rates, insurance, customs, contractual arrangements, etc. In other words, always with some sense of the global political economy.)

The student keeps the triple helix “running” in the back of the mind and tries to create a “notebook of composite sketches” of the world and its workings and oneself and this develops through a life as a kind of portable “homemade” university which stays alive and current and vibrant long after one has forgotten the mean value theorem and the names and sequence for the six wives of Henry VIII).

The reader should think of Emerson’s point from his Journals of Ralph Waldo Emerson: 1824–1832—“The things taught in schools and colleges are not an education, but the means to an education.”