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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 | 9 min read | 02.12.26

European Commission Publishes Guidelines on Foreign Subsidies Regulation: What Businesses Need to Know

On 9 January 2026, the European Commission published its Guidelines on the application of Regulation (EU) 2022/2560, also known as the Foreign Subsidies Regulation (FSR)....