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RFP Must State Whether Or Not Subcontractor Past Performance Will Be Considered

Client Alert | 1 min read | 11.16.06

In a shift away from the discretion it has typically afforded agencies in the evaluation of subcontractor past performance, the GAO in Singleton Enterprises, (Oct. 30, 2006 http://www.gao.gov/decisions/bidpro/ 298576.pdf), held that a latent ambiguity with respect to the evaluation of subcontractor past performance was created where an RFP stated merely that the past performance of the "offeror" would be considered, and that the protester's interpretation that the agency (GSA) would also evaluate subcontractor past performance was reasonable in light of the FAR provision that subcontractor performance "should" be evaluated. GAO held that GSA's categorical refusal to consider subcontractor past performance was improper without further guidance provided in the RFP and recommended that GSA amend its solicitation to clearly advise offerors of what past performance information the agency will consider.

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Client Alert | 4 min read | 05.13.24

Harmonizing AI with EEO Requirements: OFCCP’s Blueprint for Federal Contractors

Now more than ever, federal contractors find themselves at the intersection of innovation and regulation, particularly in the realm of Artificial Intelligence (AI).  AI is now incorporated into a broad range of business systems, including those with the potential to inform contractor employment decisions.  For that reason, the Office of Federal Contract Compliance Programs (OFCCP) has issued new guidance entitled “Artificial Intelligence and Equal Employment Opportunity for Federal Contractors” (the “AI Guide”).  OFCCP issued the AI Guide in accordance with President Biden’s Executive Order 14110 (regarding the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence”), which we reported on here.  The AI Guide provides answers to commonly asked questions about the use of AI in the Equal Employment Opportunity (EEO) context.  The AI Guide also offers “Promising Practices,” which highlight a number of important considerations for federal contractors.  Focusing on federal contractors’ obligations and attendant risks when utilizing AI to assist in employment-related decisions, the AI Guide also provides recommendations for ensuring compliance with EEO requirements while harnessing the efficiencies of AI....

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