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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.

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Client Alert | 11 min read | 04.27.26

EU Pharma Package: Access Conditionalities and Shortage Measures Compromise Proposal

In our seventh alert in this EU Pharma Package Series, we provided an analysis of the increasing focus on shortages of medicinal products in the EU and the prevention and mitigation measures as proposed by the EU institutions....