CFC Dismisses Protest of SBA Decision Not to Reopen Size Determination
Client Alert | less than 1 min read | 08.02.11
In Outdoor Venture Corp. v. U.S., the Court of Federal Claims dismissed the protest of an awardee of a small business set-aside contract that had failed to file a timely appeal of an adverse size determination to SBA’s Office of Hearings and Appeals. The CFC held that the decision to reopen a size determination is within the SBA’s “sole discretion, and because there are no guidelines for SBA to follow, the [CFC] lacks jurisdiction to review SBA's decision."
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Client Alert | 4 min read | 10.30.26
Recent sustain decisions by the U.S. Government Accountability Office (GAO) in Fluor Federal Solutions, LLC and Reliance Test & Technology send a clear message: when an agency tries to fix a Procurement Integrity Act (PIA) violation by committing a second one, the cure can be just as fatal as the disease. The cases involved the U.S. Air Force’s $1.8 billion procurement for O&M services at Elgin Air Force Base. During discussions, the Air Force inadvertently released a pricing overview slide with all offerors’ bottom-line evaluated costs to Reliance Test & Technology, which immediately notified the agency of the error. In response, the Air Force decided to level the playing field by providing the same information to all the other offerors in the procurement, stating, “[o]fferors may consider this disclosure in their [final proposal revision].”
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