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 | 4 min read | 07.31.26
On July 23, 2026, the U.S. Department of Justice’s Antitrust Division announced that it will again use targeted Second Request investigations and released a revised Model Timing Agreement, another signal that this Antitrust Division continues to take a more business friendly approach toward merger review. The model introduces an optional “Expedited Consideration” process that gives merging parties the option to address discrete competitive concerns identified by the DOJ before undertaking full Second Request compliance.
Client Alert | 5 min read | 07.28.26
Data Centers in the Crosshairs: The Plaintiffs' Bar Has Begun Filing New Claims Using Old Tricks
Client Alert | 2 min read | 07.24.26
GAO Finds That Challenge to Agency’s Failure to Comply With DFARS Requirement Comes Too Late
