Try, Try Again
Client Alert | 1 min read | 12.02.15
In sustaining the second protest on past performance grounds filed by C&M on behalf of RGTS against the Air Force's $110 million award for F-15 support services, GAO held that the Air Force's purported corrective action and reevaluation was inconsistent with the solicitation because it improperly lumped together thousands of separate task orders under four IDIQ contracts, rather than reviewing past performance references for specific orders. Moreover, GAO held that the Air Force engaged in unequal treatment when it sought out and considered additional information for at least two other offerors, but refused to consider potentially mitigating information for RGTS that was readily available to the agency.
Contacts
Insights
Client Alert | 4 min read | 03.05.26
The U.S. Department of Labor (DOL) has proposed another revision to independent contractor regulations, one that would provide for more leeway in classifying workers as contractors. DOL’s proposed rule, published on February 26, 2026, would rescind the Biden DOL’s March 2024 independent contractor regulation and reinstate a framework substantially tracking the prior Trump rule of January 2021. The proposed rule would also apply the narrower analysis to worker classifications under the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The comment period closes in late April 2026; until then, the 2024 rule remains in effect for purposes of private litigation.
Client Alert | 8 min read | 03.05.26
Client Alert | 4 min read | 03.04.26
Sixth Circuit Finds EFAA Arbitration Bar to Entire Case — Not Just Sexual Harassment Claims
Client Alert | 3 min read | 03.02.26
