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GAO Blasts Faulty Past Performance Evaluation

Client Alert | less than 1 min read | 06.24.08

In sustaining the protest in DRS C3 Systems, LLC, (Feb. 26, 2008, http://www.gao.gov/decisions/bidpro/310825.pdf), GAO found that the agency broke nearly every conceivable rule in the past performance evaluation by disregarding the awardee's "extremely adverse" past performance, departing from the stated evaluation criteria, failing to weigh the relevance of available past performance data, and incorporating "various inaccuracies" in the evaluation report. In arriving at its decision, the GAO also highlighted the agency's evolving litigation positions and rejected the agency's "no prejudice" defense when GAO could not "determine that [the awardee's] proposal would remain technically superior overall."

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Client Alert | 3 min read | 10.10.25

New Post Appeals Mediation Pilot Program

On October 1, 2025, the IRS Independent Office of Appeals launched a two-year pilot program to make Post Appeals Mediation (PAM) more attractive and accessible to taxpayers. See IRS Announcement 2025-10. The new PAM pilot program offers taxpayers the opportunity to be assigned to a new Appeals team, which is otherwise unconnected to the underlying case, who will represent the original Appeals team in the mediation session. The assignment of the new Appeals team does not begin a new appeals process but rather is intended to help facilitate an expedited and impartial look at the underlying case with the goal of further exploring all potential paths to resolution prior to litigation....