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GAO And SBA Disagree on Effect of Noncompliance With Subcontracting Limitation

Client Alert | 1 min read | 04.10.07

In TYBRIN Corp. (Mar. 13, 2007, http://www.gao.gov/decisions/bidpro/2983646.pdf), GAO sustained a protest of the Air Force's reinstatement of a contract award despite the Air Force's reliance on and compliance with the SBA's responsibility determination in favor of the awardee (which was based on the SBA's finding that the awardee, despite having not committed to do so in its proposal, would in fact comply with the RFP's limitation on the extent of subcontracting to large businesses). Despite the SBA's conclusion to the contrary, and the Air Force's reliance on that conclusion, GAO held that where an offeror's proposal fails to comply with a material terms of the solicitation (in this case, the limitation on subcontracting clause as set forth in FAR 52.219-14), the matter is one of the proposal's acceptability or responsiveness (which is reviewable by GAO) rather than the offeror's responsibility (which is solely within the purview of the SBA, if it involves a small business).

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Client Alert | 3 min read | 03.28.24

UK Government Seeks to Loosen Third Party Litigation Funding Regulation

On 19 March 2024, the Government followed through on a promise from the Ministry of Justice to introduce draft legislation to reverse the effect of  R (on the application of PACCAR Inc & Ors) v Competition Appeal Tribunal & Ors [2023] UKSC 28.  The effect of this ruling was discussed in our prior alert and follow on commentary discussing its effect on group competition litigation and initial government reform proposals. Should the bill pass, agreements to provide third party funding to litigation or advocacy services in England will no longer be required to comply with the Damages-Based Agreements Regulations 2013 (“DBA Regulations”) to be enforceable....