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 | 7 min read | 12.17.25
After hosting a series of workshops and issuing multiple rounds of materials, including enforcement notices, checklists, templates, and other guidance, the California Air Resources Board (CARB) has proposed regulations to implement the Climate Corporate Data Accountability Act (SB 253) and the Climate-Related Financial Risk Act (SB 261) (both as amended by SB 219), which require large U.S.-based businesses operating in California to disclose greenhouse gas (GHG) emissions and climate-related risks. CARB also published a Notice of Public Hearing and an Initial Statement of Reasons along with the proposed regulations. While CARB’s final rules were statutorily required to be promulgated by July 1, 2025, these are still just proposals. CARB’s proposed rules largely track earlier guidance regarding how CARB intends to define compliance obligations, exemptions, and key deadlines, and establish fee programs to fund regulatory operations.
Client Alert | 1 min read | 12.17.25
Client Alert | 2 min read | 12.16.25
Client Alert | 11 min read | 12.15.25
New York LLC Transparency Act: Key Requirements and Deadlines
