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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 | 4 min read | 08.20.25

FAR Council Issues Rewrites to FAR Parts 8 and 12

On August 14, 2025, the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory Council (FAR Council) issued draft revisions to FAR Part 8 and FAR Part 12 (as well as to FAR Parts 4 and 40). These are the latest rewrites under the Revolutionary FAR Overhaul (RFO) initiative pursuant to Executive Order 14275, “Restoring Common Sense to Federal Procurement,” which we previously reported on here....