1. Home
  2. |Insights
  3. |Absent Formal Elimination, Offerors Have Standing to Pursue Size Protests

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.

Insights

Client Alert | 3 min read | 08.03.26

New Jersey Takes Aim at Algorithmic and Surveillance Pricing: What Landlords and Retailers Need to Know About the FAIR Act and the Fair Price Protection Act

On July 20, 2026, New Jersey Governor Mikie Sherrill signed the Forbidding the Algorithmic Inflation of Rent (FAIR) Act into law, making New Jersey the fourth state to regulate algorithmic rent-setting practices. Three days later, on July 23, 2026, Governor Sherrill signed the Fair Price Protection Act, which targets “surveillance pricing”—the practice of using or collecting personal data about a user and using an algorithm or artificial intelligence to charge different consumers different prices for the same products. Together, these laws represent a significant expansion of New Jersey's consumer protection framework in the algorithmic pricing context....