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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.

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Client Alert | 3 min read | 02.27.26

EEOC v. Coca-Cola Beverages Northeast, Inc.: Another Step Focused on the EEOC’s Goal of Eradicating Unlawful DEI-Related Practices

On February 17, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) filed a complaint against Coca-Cola Beverages Northeast, Inc., in the United States District Court for the District of New Hampshire, alleging that the company violated Title VII of the Civil Rights Act of 1964 (Title VII) by conducting an event limited to female employees. The EEOC’s lawsuit is one of several recent actions from the EEOC in furtherance of its efforts to end what it refers to as “unlawful DEI-motivated race and sex discrimination.” See EEOC and Justice Department Warn Against Unlawful DEI-Related Discrimination | U.S. Equal Employment Opportunity Commission....