Set-Aside Decision Doesn't Require Responsibility Determination
Client Alert | less than 1 min read | 01.30.14
In Adams & Assocs., Inc. v. U.S. (Jan. 27, 2014), the Federal Circuit affirmed that, when applying the "Rule of Two" in a small business set-aside determination, the contracting officer needs only a "reasonable expectation" that at least two responsible small businesses would submit offers and is not required to undertake a responsibility determination pursuant to FAR 9.104-1. This establishes a relatively low threshold of market research under the "Rule of Two" and confirms that a contracting officer need not collect information on factors such as capability, capacity, and past performance on small businesses at the acquisition planning phase of a procurement.
Contacts
Insights
Client Alert | 6 min read | 01.16.26
Trump Administration Rolls Out New DOJ Division for National Fraud Enforcement
On January 8, 2026, the Trump Administration announced the creation of a new Division for National Fraud Enforcement within the Department of Justice (DOJ). The division will be led by a newly appointed Assistant Attorney General (AAG), pending Senate confirmation, who will report directly to both the President and Vice President and operate out of the White House. Such a reporting structure is unprecedented in the history of the DOJ.
Client Alert | 4 min read | 01.15.26
Access to Public Domain Documents Pilot: Practice Direction 51ZH
Client Alert | 4 min read | 01.14.26
Client Alert | 3 min read | 01.13.26

