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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 | 4 min read | 08.07.26

Missouri AG Sues Kansas City Over Race- and Sex-Based Contracting Program

On July 22, 2026, Missouri Attorney General Catherine L. Hanaway filed a federal lawsuit against the city of Kansas City, Missouri, challenging the city’s longstanding Minority and Women Business Enterprise (MWBE) program as unconstitutional. The AG filed the complaint in the U.S. District Court for the Western District of Missouri alongside private plaintiffs Charles Cacioppo Jr. and his company, Industrial Salvage and Wrecking Co....