Attribution of Affiliate Past Performance Improper Without Proposed Meaningful Involvement in Performance
Client Alert | 1 min read | 12.11.17
In a recent protest decision, Language Select LLP, dba United Language Group (released Dec. 1, 2017), GAO sustained a protest of a Federal Supply Schedule blanket purchase agreement by the Social Security Administration for worldwide telephone interpreter services because the agency improperly credited the awardee with the experience and past performance of a subsidiary division based on identification of the division on the awardee’s stationary and in its FSS contract, even though the awardee’s proposal made no mention of the division’s resources nor any meaningful involvement in the awardee’s performance under the BPA, holding that common management is insufficient to support awarding past performance credit for an affiliate. GAO also sustained on the bases that the agency held unequal discussions with the awardee and the agency failed to provide (and document) a rational basis for discounting the significance of the awardee’s recent termination for cause on a similar contract.
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Client Alert | 8 min read | 12.10.25
Creativity You Can Use: CJEU Clarifies Copyright for Applied Art
On 4 December 2025, the Court of Justice of the EU (CJEU) issued a landmark judgment in the joined cases C-580/23 (Mio v. Asplund) and C-795/23 (USM v. Konektra) concerning copyright protection for “works of applied art” (i.e., utilitarian objects such as tables, furniture, lighting fixtures, sofas, chairs, kitchen appliances, vases, and fashion items).
Client Alert | 4 min read | 12.10.25
Federal Court Strikes Down Interior Order Suspending Wind Energy Development
Client Alert | 14 min read | 12.10.25
SBA Office of General Counsel Audit of Participants in the 8(a) Program and Beyond
Client Alert | 4 min read | 12.09.25
