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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 | 7 min read | 06.24.26

DOJ’s National Security Division Announces First Declination Under New Corporate Enforcement Policy With Parallel BIS Settlement

On June 17, 2026, the U.S. Department of Justice’s (DOJ( National Security Division (NSD) announced that it had issued a declination for Robert Bosch GmbH (Bosch) relating to potential violations of the Export Control Reform Act, 50 U.S.C. § 4819 (ECRA). Specifically, the DOJ declined to criminally prosecute Bosch’s violations of the Export Administration Regulations’ (EAR) Foreign Direct Product Rule (FDPR), which apparently resulted from two Bosch subsidiaries’ export of products and software manufactured with equipment that was the direct product of U.S. software or technology to Huawei Technologies Co., Ltd. and its “Entity List” affiliates, including Huawei Tech. Investment Co., Ltd., Hong Kong (collectively, Huawei). The same day, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a parallel civil administrative settlement with Bosch....