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Size Matters: Past Performance Rating Not Supported by Small Task Orders

Client Alert | 1 min read | 05.13.15

In sustaining the contractor's protest filed by C&M against the Air Force's $110 million award for F-15 support services, GAO held that the agency erred by (1) giving the awardee the highest past performance rating for prior delivery orders worth "only approximately 0.14 percent of the estimated value of the effort required by the RFP" and (2) failing to document how the awardee's other "$5.36 billion portfolio" bore any relevance to the services being solicited. In rejecting the agency's reliance upon tiny delivery orders and post hoc litigation arguments, GAO relied heavily upon its 2009 precedent in Health Net Fed. Services, LLC (also a C&M case), in which the agency attempted to defend its past performance evaluation based upon the awardee's general industry experience without any discussion of how that performance related to the services specified under the RFP.

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Client Alert | 4 min read | 02.19.26

Proposed NY Legislation May Mean Potential Criminal Charges for Unlicensed Crypto Firms

On January 14, 2026, State Senator Zellnor Myrie proposed legislation in the New York State Senate that would amend New York law to make it a criminal offense to operate a virtual currency business in New York without the proper license. By introducing the possibility of criminal penalties, Senate Bill S. 8901, the Cryptocurrency Regulation Yields Protections, Trust, and Oversight Act (CRYPTO Act), would mark a significant regulatory shift in the state’s oversight of virtual currency businesses, given New York’s prominence in virtual currency regulation in the U.S....