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Court Reviews Past Performance Evaluation On Existing Contract

Client Alert | less than 1 min read | 11.01.04

DOD in making new award decisions is more and more relying on performance evaluations prepared on an annual basis on existing contracts. Breaking with the Armed Services Board of Contract Appeals on the issue, Judge Lettow of the Court of Federal Claims in Record Steel and Constr., Inc. v. U.S. (Oct. 19, 2004), rules that the court will review the reasonableness of a past performance evaluation that has been made the subject of dispute under the Contract Disputes Act.

Insights

Client Alert | 19 min read | 12.18.25

2025 GAO Bid Protest Annual Report: Where Have All the Protests Gone?

On December 12, 2025, the U.S. Government Accountability Office (GAO) released its annual report on bid protests for fiscal year 2025, containing the full statistics shown below:...