GAO Faults USTRANSCOM’s Past Performance Evaluation of Awardee’s “Miniscule” Past Work
Client Alert | 1 min read | 04.03.17
In XPO Logistics Worldwide Gov’t Servs., LLC (released Mar. 21, 2017), in which C&M co-represented XPO, GAO sustained a protest challenging the awardee’s past performance rating, setting aside USTRANSCOM’s award of a $3B freight services contract. GAO found that the value of the awardee’s past efforts are extremely small relative to the value of the requirement, that the contemporaneous record did not explain the basis for the agency’s determination that these tiny past efforts were somewhat relevant under the solicitation, and that the agency’s post hoc reevaluation during the protest was unreasonable. GAO recommended that the agency reevaluate the awardee’s past performance and then make a new award decision.
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As of July 1, Utah’s “Equal Opportunity Initiatives” law is in effect. This law prohibits “discriminatory practices” at higher education institutions, public education systems, and government employers within Utah. In response to the law, colleges and universities like the University of Utah, Southern Utah University, Utah State University, and Weber State University have reportedly already closed DEI offices and cultural centers.
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