No Past Performance = Neutral, Not Negative
Client Alert | less than 1 min read | 03.11.05
In The MIL Corp. (Dec. 30, 2004), GAO sustained a challenge to the agency's elimination of its proposal, finding that the agency improperly penalized the protester under the past performance factor for a lack of relevant experience, when the FAR requires no worse than a neutral rating in such circumstances. GAO also determined that the agency failed to give meaningful consideration to proposed prices, and it rejected the agency's argument that it was unnecessary in the context of a contract where the selected vendors will have to compete in the future for individual task orders.
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Client Alert | 5 min read | 06.04.26
EU Pay Transparency Directive: The Transposition Deadline is Looming — What Now?
Three years have passed since the EU Pay Transparency Directive ("PTD") came into existence, and it now appears highly likely that very few EU Member States will have fully transposed its provisions into national law by the 7 June 2026 deadline. For employers operating across the EU, this creates a deeply uncomfortable question: what are your obligations right now?
Client Alert | 6 min read | 06.03.26
Executive Order Creates Voluntary Regulatory Regime of Frontier AI Models
Client Alert | 8 min read | 06.03.26
ICC Releases New 2026 Arbitration Rules: Key Changes Effective 1 June 2026
Client Alert | 3 min read | 06.03.26
Important EU Court Judgment Clarifies Rules on Interest Due in Cartel Damages Cases

