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Absent Formal Elimination, Offerors Have Standing to Pursue Size Protests

Client Alert | 1 min read | 12.14.16

In granting an appeal filed by Crowell & Moring, the SBA’s Office of Hearings and Appeals overturned an underlying area office decision dismissing a company’s challenge to the eligibility of an awardee in a DoE set-aside procurement. Rejecting the area office’s grounds that the company “would not have a reasonable chance” to be selected for award even if it prevailed in its size protest, OHA held that the company had standing to protest because its low technical ratings did not render its proposal unacceptable and the agency had made no finding that it was otherwise ineligible for award.

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Client Alert | 14 min read | 03.13.26

AI for Government: 7 Days for Contractor Comments on GSA Proposed Contract Clause for AI Systems

On March 6, 2026, the General Services Administration (GSA) issued a significant proposed contract clause, GSAR 552.239-7001, Basic Safeguarding of Artificial Intelligence Systems (“Clause”), for inclusion in GSA Schedule solicitations and contracts for AI capabilities.  The proposed clause would impose substantial new requirements related to AI sources, intellectual property rights, data use, change management, and performance standards.  The Clause would also take precedence over any other contract terms (including commercial licensing terms) related to AI, including a Seller’s terms of sale and service to which the Government had previously agreed.  GSA requests comments by March 20, 2026....