All Similar Past Performance Scores Are Not Comparable
Client Alert | less than 1 min read | 12.21.05
In Clean Harbors Environmental Services, Inc., (Dec. 9, 2005, http://www.gao.gov/decisions/bidpro/2961762.pdf), GAO overturned an award because the agency evaluated only the numerical past performance scores resulting from responses to past performance questionnaires and did not consider the comparative relevance of the offerors’ past performance despite an RFP provision that such an analysis would be performed. Because the protester was the incumbent contractor with consequent highly relevant experience and the awardee’s comparable numerical scores were attributable to contracts that were significantly smaller and less complex, GAO found that protester had suffered competitive prejudice from the agency’s failure to follow the RFP.
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Client Alert | 2 min read | 09.18.25
On September 9, 2025, the U.S. Department of Health and Human Services (HHS) and the Food and Drug Administration (HHS) issued a news release announcing an “aggressive[]” “crackdown” on direct-to-consumer pharmaceutical advertising. This release came on the heels of a Presidential Memorandum President Trump issued the same day directing HHS to “ensure transparency and accuracy in direct-to-consumer prescription drug advertisements,” and the FDA to “take action to enforce legal requirements that advertisements for prescription drugs be truthful and not misleading.”
Client Alert | 3 min read | 09.17.25
Client Alert | 4 min read | 09.17.25
Client Alert | 5 min read | 09.16.25
Bucking the Odds: Why Technology Companies Should Embrace Software Patents Today
