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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 | 2 min read | 03.23.26

ACTS Survey Compliance Deadline Temporarily Extended: What Higher Education Institutions Need to Know

On March 13, a Massachusetts federal district court temporarily blocked the Trump Administration from requiring higher education institutions to respond to the Admissions and Consumer Transparency Supplement (“ACTS”) survey — a new data collection effort mandating that institutions disclose detailed admissions information regarding students’ race and sex to the federal government. In Commonwealth of Massachusetts v. Department of Education, 1:26-cv-11229 (D. Mass.), the court extended the deadline for institutions to respond to the survey from March 18th to March 25th to allow time to consider the case....