'No Prejudice' Response to Protest of Past Performance Evaluation Tantamount to Concession of Error
Client Alert | less than 1 min read | 07.31.14
In a recent decision, GAO sustained Native Resource Dev. Co.'s protest that its past performance should have been rated Outstanding given the undisputed record of the agency's superlative written findings. GAO held that the agency's response, which was solely that if the protester's past performance merited a higher rating, then so did the awardee's, was "tantamount to a concession" that it could not defend its assignment of a Satisfactory rating and dismissed the agency's findings about the essential equivalency of protester's and awardee's past performance as merely a post hoc argument to be given little weight.
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Client Alert | 7 min read | 04.20.26
EU Pharma Package: The “Bolar” Exemption Compromise Proposal
In our sixth alert in this EU Pharma Package Series, we provided an analysis of the history and interpretation issues for another highly debated topic: the “Bolar” exemption.
Client Alert | 8 min read | 04.17.26
CMS Finalizes CY 2027 Medicare Advantage and Part D Rule: Key Implications for Plan Sponsors
Client Alert | 1 min read | 04.17.26
Client Alert | 3 min read | 04.17.26
