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.
Insights
Client Alert | 3 min read | 04.24.24
On April 12, 2024, the Tenth Circuit issued a decision in I DIG Texas LLC v. Kerry Creager, which analyzed country-of-origin claims in a manner that diverged from the well-established Federal Trade Commission’s “Made in USA” policy.
Client Alert | 2 min read | 04.24.24
FTC Continues Focus on Tracking Technologies and Personal Health Data
Client Alert | 9 min read | 04.24.24
Client Alert | 4 min read | 04.24.24
Muldrow Case Recalibrates Title VII “Significant Harm” Standard
