Ambiguous Instructions Give Disqualified Offeror A Second Chance
Client Alert | less than 1 min read | 06.12.07
The Court of Federal Claims in Heritage of Am., LLC v. U.S. (May 31, 2007) set aside a disqualification of an offeror when the solicitation instructions were unclear about the coverage and labor rates required in the multiple regions solicited, requiring a recompetition with unambiguous instructions. In the prior, related GAO protest, GAO had refused to consider this issue because it was "untimely," but Judge George Miller in this opinion joins the solid majority of the CFC judges holding that GAO timeliness requirements are inapplicable in court protests.
Insights
Client Alert | 4 min read | 09.12.25
SBA’s OHA Further Defines Extraordinary Action in SDVOSB Appeal
On September 4, 2025, the Small Business Administration’s (SBA) Office of Hearings and Appeals (OHA) granted an appeal challenging SBA’s determination that a service-disabled veteran did not control an entity applying for Service-Disabled Veteran-Owned Small Business (SDVOSB) status based on a minority owner’s ability to block certain actions in the matter of VSBC Appeal of: Blue Skye Foods, LLC, SBA No. VSBC-442-A.
Client Alert | 6 min read | 09.11.25
U.S. Department of Commerce Partially Relaxes Export Controls on Syria
Client Alert | 9 min read | 09.11.25
Client Alert | 1 min read | 09.10.25
