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Failure to Comply with Section L Instructions Invalidates Award

Client Alert | less than 1 min read | 04.13.12

In The Emergence Group (Feb. 29, 2012), the protestor, represented by Crowell & Moring, achieved an exception to the general rule that an agency is not required to evaluate offerors for compliance with RFP submission (Section L) requirements. In this case, the evaluation criteria (Section M) stated that compliance with Section L was mandatory, and the protest was sustained because the agency allowed offerors failing to submit the minimum number of past performance references per Section L to receive top evaluation marks.


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Client Alert | 4 min read | 09.12.25

SBA’s OHA Further Defines Extraordinary Action in SDVOSB Appeal

On September 4, 2025, the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) granted an appeal challenging SBA’s determination that a service-disabled veteran did not control an entity applying for Service-Disabled Veteran-Owned Small Business (SDVOSB) status based on a minority owner’s ability to block certain actions in the matter of VSBC Appeal of: Blue Skye Foods, LLC, SBA No. VSBC-442-A....