No Past Performance = Neutral, Not Negative
Client Alert | less than 1 min read | 03.11.05
In The MIL Corp. (Dec. 30, 2004), GAO sustained a challenge to the agency's elimination of its proposal, finding that the agency improperly penalized the protester under the past performance factor for a lack of relevant experience, when the FAR requires no worse than a neutral rating in such circumstances. GAO also determined that the agency failed to give meaningful consideration to proposed prices, and it rejected the agency's argument that it was unnecessary in the context of a contract where the selected vendors will have to compete in the future for individual task orders.
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Client Alert | 10 min read | 10.15.25
Understanding the EU’s International Procurement Instrument
In June 2025, the European Commission adopted its first-ever measures under the International Procurement Instrument Regulation (IPI), restricting access to the EU public procurement market for medical devices for economic operators and medical devices from the People’s Republic of China. This is the first application of the IPI, a new trade instrument aimed at tackling lack of reciprocity in access to public procurement in third countries.
Client Alert | 4 min read | 10.14.25
Client Alert | 35 min read | 10.13.25
Building Blocks of Design Law: CJEU rules on LEGO Group Modular Design Protection
Client Alert | 3 min read | 10.13.25
