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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 | 3 min read | 11.06.25

Executive Branch Focus on Federally Funded Inventions

In recent months the executive branch has indicated a willingness to assert control over intellectual property funded by federal research dollars in novel ways. This could potentially include leveraging its march-in rights under the Bayh-Dole Act....