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.
Contacts
Insights
Client Alert | 3 min read | 01.07.26
CMMC for AI? Defense Policy Law Imposes AI Security Framework and Requirements on Contractors
In an important first, the yearly defense policy law, the National Defense Authorization Act (NDAA) for Fiscal Year 2026, directs the Department of Defense (DoD) to develop and implement a framework addressing the cybersecurity and physical security of artificial intelligence and machine learning technologies (AI/ML) acquired by the Pentagon.
Client Alert | 9 min read | 01.06.26
Client Alert | 6 min read | 01.06.26
California Privacy Agency Launches Data Broker Strike Force Amid Delete Act Crackdown
Client Alert | 4 min read | 01.05.26
Another Court Rules CASA Does Not Limit Universal Relief Available Under the APA

