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Decision Signals Increased SBA Scrutiny of Size Status

Client Alert | 1 min read | 04.16.07

In Size Appeal of Ross Aviation, Inc., SBA No. SIZ-4840, March 07, 2007, the SBA’s Office of Hearings and Appeals (“OHA”) reversed its earlier decision in Size Appeal of Spectrum Landscape Services, Inc., SBA No. SIZ-4313 (1998), and expanded the scope of its review. Basing its reversal of position on the objective of promoting the integrity of the procurement process, OHA held that “[a]part from contract-specific issues (e.g., ostensible subcontractor and non-manufacturer rule), OHA will no longer dismiss automatically an unsuccessful offeror’s appeal as moot after contract award . . . simply because of a contracting officer’s representation that he/she intends not to disturb award of the contract (including their intent to award options).”

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Client Alert | 5 min read | 04.01.26

OPO Hospital Waiver Litigation: Trends and Takeaways

Despite facing existential challenges in several federal courts, the performance metrics established by the Centers for Medicare and Medicaid Services’ (CMS) 2020 Final Rule for organ procurement organizations (OPO) appear to be, at least for now, withstanding scrutiny in litigation proceedings.  ...