RFP Must State Whether Or Not Subcontractor Past Performance Will Be Considered
Client Alert | 1 min read | 11.16.06
In a shift away from the discretion it has typically afforded agencies in the evaluation of subcontractor past performance, the GAO in Singleton Enterprises, (Oct. 30, 2006 http://www.gao.gov/decisions/bidpro/ 298576.pdf), held that a latent ambiguity with respect to the evaluation of subcontractor past performance was created where an RFP stated merely that the past performance of the "offeror" would be considered, and that the protester's interpretation that the agency (GSA) would also evaluate subcontractor past performance was reasonable in light of the FAR provision that subcontractor performance "should" be evaluated. GAO held that GSA's categorical refusal to consider subcontractor past performance was improper without further guidance provided in the RFP and recommended that GSA amend its solicitation to clearly advise offerors of what past performance information the agency will consider.
Insights
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New FTC Telemarketing Sales Rule Amendments
The Federal Trade Commission (“FTC”) recently announced that it approved final amendments to its Telemarketing Sales Rule (“TSR”), broadening the rule’s coverage to inbound calls for technical support (“Tech Support”) services. For example, if a Tech Support company presents a pop-up alert (such as one that claims consumers’ computers or other devices are infected with malware or other problems) or uses a direct mail solicitation to induce consumers to call about Tech Support services, that conduct would violate the amended TSR.
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Fast Lane to the Future: FCC Greenlights Smarter, Safer Cars
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Eleven States Sue Asset Managers Alleging ESG Conspiracy to Restrict Coal Production
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New York Department of Labor Issues Guidance Regarding Paid Prenatal Leave, Taking Effect January 1
