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During Bid Protest Stay Agency Should Have Terminated Award To Large Business Following SBA Size Decision

Client Alert | 1 min read | 12.29.06

Departing from precedent and a FAR provision seemingly on point, the GAO, in ALATEC Inc. (Dec. 4, 2006, http://www.gao.gov/decisions/bidpro/298730.pdf), held that even though the Army's award of a small business set aside contract occurred more than 10 days after a timely small business size protest was referred to the SBA, an award action permitted by FAR 10.302(h)(1), the Army should have terminated that contract following the SBA 's determination that the awardee was in fact a large business. Because performance of the contact had been stayed due to a GAO protest, and because the SBA's Office of Hearings and Appeals sustained the size protest, GAO could not identify any "plausible countervailing circumstances" that weighed in favor of permitting a large business to perform the contract.

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Client Alert | 3 min read | 09.15.25

Senate Finance Committee Looking to Take White River to the Train Station, Confirms DOJ Investigation into Tribal Tax Credits

On August 19, 2025, the U.S. Senate Committee on Finance (“Senate Finance Committee”) sent Paul Atkins, Chairman, U.S. Securities and Exchange Commission (“SEC”) a letter calling on the SEC to investigate White River Energy Corp (“White River”). In the letter, the Senate Finance Committee confirmed a criminal investigation into White River related to the sale of so-called “tribal tax credits” that according to both Congress and the IRS, do not exist. The letter further states that White River allegedly earned millions of dollars selling these credits and has not been forthcoming with investors regarding the existence of the criminal investigation. According to the Senate Finance Committee, White River has failed to file financial disclosure documents with the SEC since March 15, 2024, missing six consecutive reporting periods. The letter instructs White River to disclose the existence of the DOJ criminal tax investigation, and calls on the SEC to take action if White River fails to do so....

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