ASBCA Delivers Bad News to Contractor Who Violated SBA’s Nonmanufacturer Rule
Client Alert | less than 1 min read | 05.27.16
In Third Coast Fresh Distrib., LLC (Apr. 6, 2016), the ASBCA held that a small business’ failure to comply with the requirements of the SBA’s Nonmanufacturer Rule justified its default under a small business set-aside contract for produce delivery. Rejecting the contractor’s argument that it was only required to represent in good faith that it would comply with the requirements, the Board held that the rule was a condition of performance and, by subcontracting out delivery of the produce, the contractor had changed its performance and had become “other than small” for the procurement, which constituted a default.
Insights
Client Alert | 4 min read | 08.20.25
FAR Council Issues Rewrites to FAR Parts 8 and 12
On August 14, 2025, the Office of Federal Procurement Policy (OFPP) and the Federal Acquisition Regulatory Council (FAR Council) issued draft revisions to FAR Part 8 and FAR Part 12 (as well as to FAR Parts 4 and 40). These are the latest rewrites under the Revolutionary FAR Overhaul (RFO) initiative pursuant to Executive Order 14275, “Restoring Common Sense to Federal Procurement,” which we previously reported on here.
Client Alert | 15 min read | 08.20.25
Client Alert | 2 min read | 08.19.25
Client Alert | 4 min read | 08.19.25
Forged Faces, Real Liability: Deepfake Laws Take Effect in Washington State and Pennsylvania