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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 | 7 min read | 10.27.26

New Developments in DOJ Whistleblower Policies and HHS Disclosures: Key Takeaways for General Counsel, Chief Compliance Officers, and Boards

On October 20, 2026, the U.S. Department of Justice’s (DOJ) National Fraud Enforcement Division announced a new whistleblower rewards initiative, the Fraud Whistleblower Incentive Program (WHIP). Assistant Attorney General Colin M. McDonald issued a directive earlier this month directing Division leadership to design and implement policies and programs that incentivize whistleblowers to bring forward credible information pertaining to fraud. The new WHIP incentive pays awards of $10,000 to $30,000 for qualifying tips at or around the time criminal charges are filed or unsealed, rather than years later at case resolution....