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).
Contacts
Insights
Client Alert | 7 min read | 11.05.26
2026 State Attorney General Elections: What Businesses Should Expect
As of November 4, 2026, the state attorney general elections point to increased enforcement in 2027, particularly in consumer protection, antitrust, AI, health care, and data centers.[1] Businesses should prepare for more investigations under existing laws and proposals for new legislation or rules. Campaign commitments indicate priorities, but their timing and implementation remain uncertain.[2]
Client Alert | 3 min read | 11.05.26
Federal, State, and Local Regulators Sue Toast Over B2B Advertising and Subscriptions
Client Alert | 3 min read | 11.04.26
CMS Proposal Would Overhaul Eligibility Rules for ACA Exchanges
Client Alert | 7 min read | 11.04.26
FDA Issues Guidance on Prescription Drug Use-Related Software

