NAICS Challengers at Court Must First Exhaust Administrative Remedies
Client Alert | less than 1 min read | 04.27.15
On April 22, 2015, the Federal Circuit ruled in Palladian Partners, Inc. v. U.S. that, although the Court of Federal Claims has jurisdiction to review challenges to NAICS code decisions made by the SBA's Office of Hearing and Appeals (OHA), in order for an offeror to challenge such a decision at the court, the offeror had to have participated in the appeal at OHA brought by a different offeror. Here, because the offeror failed to do so, the offeror had not exhausted its administrative remedies, and the case was remanded to be dismissed.
Contacts
Insights
Client Alert | 2 min read | 07.24.26
GAO Finds That Challenge to Agency’s Failure to Comply With DFARS Requirement Comes Too Late
GAO’s recent dismissal of the protest in Tyonek Technical Innovations, LLC, B-424364, B-424364.2, June 30, 2026, carries an important lesson for government contractors: if you believe solicitation terms conflict with a statute or regulation, you must raise that challenge before proposals are due—not during discussions or afterwards.
Client Alert | 3 min read | 07.23.26
Client Alert | 3 min read | 07.23.26
Second Circuit Affirms Preliminary Injunction Against Nielsen in Constructive Tying Case
Client Alert | 4 min read | 07.22.26
