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Past Performance Formula For Disaster

Client Alert | less than 1 min read | 03.21.06

In United Paradyne Corp. (Mar. 10, 2006, http://www.gao.gov/decisions/bidpro/297758.pdf), GAO sustained a protest of the Air Force's past performance evaluation based on its mechanical application of an irrational, mathematical formula. The Air Force's method, which independently rated the relevancy and quality of each offeror's past performance reference, improperly (1) penalized offerors for identifying less relevant past performance even when additional, relevant references had been submitted; and (2) assigned equal weight to both highly relevant and non-relevant past performance.

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Client Alert | 2 min read | 02.23.26

NYC’s Mayor Mamdani Joins the Wave of Local Consumer Protection Enforcement

While state attorneys general have traditionally led consumer protection enforcement, local governments are increasingly deploying their own powers to prosecute high-stakes affirmative litigation. The results speak for themselves: Los Angeles and Chicago have secured multi-million-dollar judgments and settlements in consumer deception cases over the past decade....