Try, Try Again

Client Alert | less than 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.


Insights

Client Alert | 3 min read | 04.24.26

DOL Issues Proposed Rule On “Joint Employment”

On April 21, 2026, the U.S. Department of Labor (DOL) issued a notice of proposed rulemaking (NPRM) outlining a new standard for “joint employment” — under which separate entities will be found jointly liable for the other’s violations — under the Federal Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Seasonal Agricultural Worker Protection Act (MPSA). The Proposed Rule purports to standardize the definition of “joint employment” across all three laws to create “clarity” and “uniformity” for employers and employees alike....