'No Prejudice' Response to Protest of Past Performance Evaluation Tantamount to Concession of Error
Client Alert | less than 1 min read | 07.31.14
In a recent decision, GAO sustained Native Resource Dev. Co.'s protest that its past performance should have been rated Outstanding given the undisputed record of the agency's superlative written findings. GAO held that the agency's response, which was solely that if the protester's past performance merited a higher rating, then so did the awardee's, was "tantamount to a concession" that it could not defend its assignment of a Satisfactory rating and dismissed the agency's findings about the essential equivalency of protester's and awardee's past performance as merely a post hoc argument to be given little weight.
Insights
Client Alert | 6 min read | 04.16.24
Navigating the AI Intellectual Property Maze - Key Points From Congressional Hearing
On April 10, 2024, the U.S. House of Representatives, Judiciary Committee Subcommittee on Intellectual Property convened Part III to an ongoing discussion and exploration of artificial intelligence (AI) and intellectual property (IP) rights. The session, “Artificial Intelligence and Intellectual Property: Part III - IP Protection for AI-Assisted Inventions and Creative Works,” delved into the nuanced debate over what IP protections should exist for AI-generated or AI-assisted works.
Client Alert | 5 min read | 04.15.24
Making the EU Courts More Efficient for Trade-Related Decisions
Client Alert | 1 min read | 04.15.24
New FAR Part 40 to Address Supply Chain and Information Security Requirements
Client Alert | 1 min read | 04.11.24
U.S. Chamber Submits Comments on the FAR Council’s Proposed Rule Regarding Pay Transparency
