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 | 6 min read | 01.06.26
California Privacy Agency Launches Data Broker Strike Force Amid Delete Act Crackdown
The California Privacy Protection Agency (“CPPA”) is intensifying its oversight of data brokers with a new dedicated Data Broker Enforcement Strike Force within its Enforcement Division. The strike force will monitor and investigate data brokers’ compliance with their legal obligations under California’s Delete Act and the California Consumer Privacy Act (“CCPA”).
Client Alert | 4 min read | 01.05.26
Another Court Rules CASA Does Not Limit Universal Relief Available Under the APA
Client Alert | 7 min read | 01.05.26
Consideration of Artificial Intelligence in Arbitration Terms of Reference
Client Alert | 4 min read | 12.31.25
Raising the Bar: New York Expands Consumer Protection Law with FAIR Business Practices Act

