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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 | 05.19.26

Bad Match, Big Consequences: Supreme Court Holds Freight Brokers Accountable for Negligent Carrier Selection

According to the U.S. Supreme Court, freight brokers are the transportation industry’s “matchmakers, connecting sellers of goods to the carriers who move them.” Montgomery v. Caribe Transport II, LLC, No. 24-1238, slip op. at 1 (U.S. May 14, 2026). Those matchmakers now potentially face liability when they make a bad match....