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"Rule of Two" For Small Business Set-Asides Extended to Award of Task and Delivery Orders

Client Alert | less than 1 min read | 10.21.08

In Delex Systems, Inc. (Oct. 8, 2008, http://www.gao.gov/decisions/bidpro/400403.pdf), GAO expanded the reach of FAR 19.502-2(b), which requires an agency to limit competition to small businesses when it concludes it has a reasonable expectation of receiving offers from at least two responsible small businesses and award can be made at a fair and reasonable price. GAO held that the so-called "Rule of Two" applies to task and delivery order competitions among multiple-award contract holders, opening up a new class of award decisions to the small business set-aside requirements and potential bid protests.

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Client Alert | 3 min read | 05.29.26

Rough Seas for International Cartels: DOJ Indicts Four of the Largest Container Manufacturers and Executives for Price-Fixing

Last week, the U.S. Department of Justice (DOJ) Antitrust Division (the Division) revealed criminal charges against China International Marine Containers (Group) Co., Ltd. (CIMC) and several other major Chinese companies and executives involved in the manufacture and sale of standard dry shipping containers, which are used for shipping dry, unrefrigerated cargo on ships around the world. One of the executives was arrested at an airport in France and is awaiting extradition to the U.S. The indictment charged these defendants with violating Section 1 of the Sherman Act by conspiring to restrict output and fix prices of standard dry containers, including in the U.S. market, from 2019 to 2024....

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