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 | 2 min read | 02.18.26
DHS Announces Virtual Town Halls on CIRCIA Final Rule
On February 13, 2026, the U.S. Department of Homeland Security (DHS) announced upcoming virtual town hall meetings scheduled for March 2026 regarding the implementation of the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (CIRCIA). The meetings will allow industry stakeholders to provide input to DHS to refine the “scope and burden” of the forthcoming CIRCIA final rule.
Client Alert | 4 min read | 02.18.26
Federal Court Rules Some AI Chats Are Not Protected by Legal Privilege: What It Means For You
Client Alert | 6 min read | 02.18.26
The CeramTec Case, or How to (not) Navigate the Patent to Trademark Transition
Client Alert | 4 min read | 02.17.26
Texas Federal Court Hands Cyber Policyholders Major Win in Southwest Airlines Coverage Dispute

