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TSA Snared in GAO Protest Jurisdiction

Client Alert | less than 1 min read | 03.19.10

In General Dynamics One Source, LLC, GAO rejected TSA's jurisdictional challenge, holding that Congress revoked TSA's exemption from GAO protests effective June 22, 2008, and that TSA's Phase II solicitation issued in December 2008 could not relate back to the exemption that previously existed for the Phase I competition. On the merits, GAO sustained the protests due to TSA's failure to evaluate price realism when (1) the awardee proposed mismatched staffing approaches in the technical and cost proposals, and (2) the awardee's proposed staffing depended upon hiring incumbent staff at rates well below current incumbent salaries.

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Client Alert | 8 min read | 10.01.25

BIS Issues “Affiliates Rule” to Dramatically Expand Applicability of Entity and Military End-User Lists

On September 29, 2025, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a sweeping Interim Final Rule (IFR), (the “Affiliates Rule”) expanding which entities qualify as Entity List or Military End-User entities, thereby subjecting those entities to elevated export control restrictions under the Export Administration Regulations (EAR). U.S. export restrictions applicable to entities on the Entity List, Military End-User (MEU) List, and Specially Designated Nationals and Blocked Persons (SDN List) now apply to foreign affiliates that are, in the aggregate, owned 50% or more by one or more of the aforementioned entities. An entity that becomes subject to these restrictions because of its ownership structure will be subject to the most restrictive controls that attach to any of its parent entities, regardless of ownership stakes....