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Court Reviews Past Performance Evaluation On Existing Contract

Client Alert | less than 1 min read | 11.01.04

DOD in making new award decisions is more and more relying on performance evaluations prepared on an annual basis on existing contracts. Breaking with the Armed Services Board of Contract Appeals on the issue, Judge Lettow of the Court of Federal Claims in Record Steel and Constr., Inc. v. U.S. (Oct. 19, 2004), rules that the court will review the reasonableness of a past performance evaluation that has been made the subject of dispute under the Contract Disputes Act.

Insights

Client Alert | 8 min read | 10.01.25

BIS Issues “Affiliates Rule” to Dramatically Expand Applicability of Entity and Military End-User Lists

On September 29, 2025, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a sweeping Interim Final Rule (IFR), (the “Affiliates Rule”) expanding which entities qualify as Entity List or Military End-User entities, thereby subjecting those entities to elevated export control restrictions under the Export Administration Regulations (EAR). U.S. export restrictions applicable to entities on the Entity List, Military End-User (MEU) List, and Specially Designated Nationals and Blocked Persons (SDN List) now apply to foreign affiliates that are, in the aggregate, owned 50% or more by one or more of the aforementioned entities. An entity that becomes subject to these restrictions because of its ownership structure will be subject to the most restrictive controls that attach to any of its parent entities, regardless of ownership stakes....