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 | 7 min read | 05.18.26
The first applications to lift an automatic suspension under the Procurement Act 2023 (the Act) have recently been decided. In Parkingeye Limited v Velindre University NHS Trust & Anor [2026] EWHC 1019 (TCC), handed down on 1 May 2026, HHJ Keyser KC dismissed applications by two NHS contracting authorities to lift the suspension preventing them from concluding a car park management services contract. This is the first judicial consideration of the new test under section 102(2) of the Act.
Client Alert | 5 min read | 05.18.26
The Hidden Ingredient Problem: PFAS Litigation and Regulation Are Reshaping the Beauty Industry
Client Alert | 3 min read | 05.14.26
Client Alert | 4 min read | 05.14.26
No-Fly Zones for Drones: FAA Proposes New Rules Over Critical Infrastructure
