Successful Protest Leads To Award
Client Alert | 1 min read | 11.24.08
In ASRC Research & Tech. Solutions, Inc.(Aug. 21, 2008), GAO found that (1) NASA had unreasonably concluded that the proposed labor rates of the protester (represented by C&M) to capture incumbent personnel presented significant technical risk when NASA did not know whether the protester's rates, which were based on weighted average rates that accounted for the percentage of personnel assigned to each labor category, were any better reflection of the individual incumbent rates than the straight average labor rates relied on by NASA; and (2) NASA's past performance evaluation unreasonably failed to consider the substantial size difference between the awardee's past performance references and the contemplated contract. GAO left NASA with few options for its reevaluation of the technical proposals and specifically instructed NASA both to remove the "Significant Weakness" that had been improperly assigned to the protester and adjust its point scores and ratings accordingly, which led to a contract award to the protester.
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Client Alert | 4 min read | 01.15.26
Access to Public Domain Documents Pilot: Practice Direction 51ZH
The Pilot codifies the position at common law, set out by Lady Hale in Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38, which permits the public the right of access to documents placed before a court and referenced in a public hearing[4]. This Pilot will apply to cases heard in the Commercial Court, the London Circuit Commercial Court (King’s Bench Division), and the Financial List (Commercial Court and Chancery Division)[5].
Client Alert | 4 min read | 01.14.26
Client Alert | 3 min read | 01.13.26
Client Alert | 7 min read | 01.13.26

