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Past Performance Remains Fertile Ground For Protest Challenges

Client Alert | less than 1 min read | 11.18.05

In J.A. Farrington Janitorial Servs. (Oct. 18, 2005, http://www.gao.gov/decisions/bidpro/296875.pdf), GAO found unreasonable the agency's assignment of a "high confidence" rating to the awardee of a grounds maintenance contract where the awardee's past performance references all related to efforts of far smaller magnitude and for only commercial customers. GAO also found that the agency's determination that the price offered by the protester, a HUBZone small business, was unrealistic amounted to a responsibility determination, and therefore had to be submitted to the Small Business Administration for a possible certificate of competency.

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Client Alert | 3 min read | 10.21.26

Private Investigations Act Series: Temporal, material and territorial scope

The Private Investigations Act (PIA), which entered into force on December 16, 2024, fundamentally modernized the framework for private investigation activities in Belgium. Its implications for businesses conducting internal investigations are far-reaching.  ...