'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.
Insights
Client Alert | 2 min read | 05.09.24
New York Enacts Paid Prenatal Personal Leave
Beginning January 1, 2025, New York employers will be required to provide employees with 20 hours of paid “prenatal personal leave” during any 52-week calendar period to attend prenatal medical appointments during or related to pregnancy. New York is the first state in the country to mandate paid leave specifically for pregnant employees. “Prenatal personal leave” is included in an amendment to New York’s budget, recently signed into law as Sections 196-b.2 and 4-a of the New York Labor Law by the governor and cleared by the state legislature.
Client Alert | 12 min read | 05.09.24
Client Alert | 5 min read | 05.08.24
