GAO Blasts Faulty Past Performance Evaluation
Client Alert | less than 1 min read | 06.24.08
In sustaining the protest in DRS C3 Systems, LLC, (Feb. 26, 2008, http://www.gao.gov/decisions/bidpro/310825.pdf), GAO found that the agency broke nearly every conceivable rule in the past performance evaluation by disregarding the awardee's "extremely adverse" past performance, departing from the stated evaluation criteria, failing to weigh the relevance of available past performance data, and incorporating "various inaccuracies" in the evaluation report. In arriving at its decision, the GAO also highlighted the agency's evolving litigation positions and rejected the agency's "no prejudice" defense when GAO could not "determine that [the awardee's] proposal would remain technically superior overall."
Insights
Client Alert | 4 min read | 01.14.26
PFAS Reporting Gets Real in 2026
State regulation of PFAS-containing products will ramp up significantly in 2026. Most notably, companies will have to comply with Minnesota’s sweeping new product-reporting requirements. As we explain below, Minnesota’s requirements cast a wide net, capturing companies that may not sell products directly into the state. This and other features of the state’s reporting program are likely to present significant compliance challenges for a wide range of businesses.
Client Alert | 3 min read | 01.13.26
Client Alert | 7 min read | 01.13.26
Client Alert | 4 min read | 01.13.26
