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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 | 4 min read | 08.27.26

FCC Clarifies Covered List for Power Inverters and Advanced Robotic Devices

On July 28, 2026, the Federal Communications Commission (FCC) updated its Covered List — established through the Secure and Trusted Communications Networks Act — to include foreign-produced connected power inverters and advanced robotic devices, following an executive branch national security determination that they “pose unacceptable risks to the national security of the United States or the safety and security of United States persons.” Equipment on the Covered List is ineligible for FCC equipment authorization, effectively prohibiting the import, sale, or marketing of those products without an exception or approval....

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