1. Home
  2. |Insights
  3. |No Past Performance = Neutral, Not Negative

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 | 6 min read | 01.16.26

Trump Administration Rolls Out New DOJ Division for National Fraud Enforcement

On January 8, 2026, the Trump Administration announced the creation of a new Division for National Fraud Enforcement within the Department of Justice (DOJ). The division will be led by a newly appointed Assistant Attorney General (AAG), pending Senate confirmation, who will report directly to both the President and Vice President and operate out of the White House. Such a reporting structure is unprecedented in the history of the DOJ....