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 | 6 min read | 06.16.26
What United States v. Bankman-Fried Means for Health Care Fraud Defense
On the surface, United States v. Bankman-Fried is a case about the collapse of a cryptocurrency exchange. But the U.S. Court of Appeals for the Second Circuit’s recent opinion — affirming Samuel Bankman-Fried’s conviction on seven counts of fraud and conspiracy — carries important lessons that extend well beyond the world of digital assets.
Client Alert | 2 min read | 06.15.26
Kansas Federal Court Applies “Selective Enforcement” Theory to Reject DTSA Claim
Client Alert | 3 min read | 06.12.26
Client Alert | 4 min read | 06.12.26
Auto Dealers: The FTC Is Back in the Driver’s Seat — Warning Letters Signal Renewed Federal Scrutiny
