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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 | 13 min read | 06.12.26

EU Cyber Resilience Act Countdown: 11 September 2026 Incident/Vulnerability Reporting Deadline Less Than 100 Days Away

The EU Cyber Resilience Act (CRA) is an EU product cybersecurity law for connected products (formally, “products with digital elements” under the CRA) commercialized in the EU; it entered into force on 10 December 2024, with direct application across the EU. Full application begins 11 December 2027, but one of its most operationally demanding provisions takes effect in just under 100 days, on 11 September 2026: the mandatory vulnerability and incident reporting under Article 14 CRA....