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Widespread WOSB and EDWOSB Contracting Problems

Client Alert | less than 1 min read | 06.26.18

A recent SBA OIG report found that the overwhelming majority – 50 out of 56 contracts reviewed – of Woman-Owned Small Businesses (WOSBs) sole source awards were awarded improperly. The SBA OIG found that the SBA generally failed to comply with a 2015 NDAA requirement moving WOSBs and Economically Disadvantaged Women-Owned Small Businesses (EDWOSBs) from a self-certification system to a third party-run certification system. The SBA OIG faulted the agency for failing to implement a government-run certification program and for permitting the improper award of contracts to firms that self-certify. The SBA OIG called on the agency to implement a government-run certification program for WOSBs and EDWOSBs, among other recommendations.

Insights

Client Alert | 3 min read | 07.10.26

Federal Circuit Clarifies Application of Blue & Gold: Proposal Submission Deadline, Not Award, is the Operative Time for Filing

In Utech, Inc. v. United States, No. 24-1586 (Fed. Cir. June 24, 2026), the U.S. Court of Appeals for the Federal Circuit clarified that in most cases, a pre-award protest must be filed before the proposal submission deadline to avoid the Blue & Gold waiver rule.  This decision, while nonprecedential, is in line with U.S. Government Accountability Office (GAO) precedent, which has long held that pre-award protests must be filed before the proposal submission deadline....