Services In Contract Don't Trump "Non-Manufacturer Rule"
Client Alert | less than 1 min read | 09.13.06
In Rotech Healthcare Inc. v. United States (July 24, 2006), a pre-award bid protest of small business set-aside procurements, the Court of Federal Claims held that the Small Business Act's "non-manufacturer rule" requires recipients of small business set-aside contracts to provide products only of domestic small business manufacturers, even if the contract is for both products and services. Finding, inter alia, that the statute is "clear and unambiguous" in its application of the rule to "any" contract for the supply of a product, Judge Bush rejected government pleas for deference to SBA's less-restrictive applications of the rule and permanently enjoined set-aside awards to offerors who failed to certify compliance.
Contacts
Insights
Client Alert | 7 min read | 05.19.26
American and Allied Cyber Agencies Issue First Joint Guidance on Securing Agentic AI
On May 1, 2026, the U.S. Cybersecurity and Infrastructure Security Agency (CISA), the U.S. National Security Agency (NSA), the Australian Cyber Security Centre, the UK National Cyber Security Centre, the Canadian Centre for Cyber Security, and the New Zealand National Cyber Security Centre, published joint guidance on the “Careful Adoption of Agentic AI Services” (Guidance).
Client Alert | 3 min read | 05.19.26
Client Alert | 5 min read | 05.19.26
DOJ Continues Attempt to Block State-Court Climate Suits with Minnesota Complaint
Client Alert | 5 min read | 05.19.26
Navigating International Arbitration Disputes Ahead of the 2026 FIFA World Cup
