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 | 13 min read | 10.30.25
Federal and State Regulators Target AI Chatbots and Intimate Imagery
In the first few years following the public launch of generative artificial intelligence (AI) in the autumn of 2022, litigation related to AI focused primarily on claims of copyright infringement. Suits revolved around allegations that the data on which AI models train, and/or the output they produce, infringe upon the intellectual property rights of others. (While some of these cases have settled or reached preliminary judgments, many remain ongoing.)
Client Alert | 3 min read | 10.30.25
Is Course Hero Heading to Summer School After Summary Judgment Loss?
Client Alert | 6 min read | 10.29.25
Enhancing UK cyber security resilience and leadership engagement
Client Alert | 9 min read | 10.28.25
Key Takeaways from a Consequential Month of Russia-Related Sanctions
