Past Performance Remains Fertile Ground For Protest Challenges
Client Alert | less than 1 min read | 11.18.05
In J.A. Farrington Janitorial Servs. (Oct. 18, 2005, http://www.gao.gov/decisions/bidpro/296875.pdf), GAO found unreasonable the agency's assignment of a "high confidence" rating to the awardee of a grounds maintenance contract where the awardee's past performance references all related to efforts of far smaller magnitude and for only commercial customers. GAO also found that the agency's determination that the price offered by the protester, a HUBZone small business, was unrealistic amounted to a responsibility determination, and therefore had to be submitted to the Small Business Administration for a possible certificate of competency.
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Client Alert | 5 min read | 06.05.26
The Office of Management and Budget issued on May 29, 2026 a Proposed Rule that would significantly revise the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) at 2 C.F.R. Part 200, potentially impacting the full lifecycle of federal grants, cooperative agreements and other forms of financial assistance, from pre-award merit review through post-award administration and termination. These proposed changes are designed to implement the President’s policy priorities, executive actions related to diversity, equity and inclusion (DEI) activities, and Executive Order No. 14332, Improving Oversight of Federal Grantmaking (EO 14332).
Client Alert | 5 min read | 06.04.26
EU Pay Transparency Directive: The Transposition Deadline is Looming — What Now?
Client Alert | 4 min read | 06.04.26
Surveillance Pricing Update: California’s Sweeping AB 2564 Passes Assembly and Heads to Senate
Client Alert | 4 min read | 06.04.26
USTR Proposes Sweeping Tariffs as Part of Section 301 Forced Labor Import Enforcement Investigation
