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Decision Signals Increased SBA Scrutiny of Size Status

Client Alert | 1 min read | 04.16.07

In Size Appeal of Ross Aviation, Inc., SBA No. SIZ-4840, March 07, 2007, the SBA’s Office of Hearings and Appeals (“OHA”) reversed its earlier decision in Size Appeal of Spectrum Landscape Services, Inc., SBA No. SIZ-4313 (1998), and expanded the scope of its review. Basing its reversal of position on the objective of promoting the integrity of the procurement process, OHA held that “[a]part from contract-specific issues (e.g., ostensible subcontractor and non-manufacturer rule), OHA will no longer dismiss automatically an unsuccessful offeror’s appeal as moot after contract award . . . simply because of a contracting officer’s representation that he/she intends not to disturb award of the contract (including their intent to award options).”

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Client Alert | 2 min read | 04.16.26

Federal Circuit Holds Challengers to CICA Stay Overrides Need Not Satisfy Four-Factor Injunctive Relief Test

In a significant decision for government contractors, on April 15, 2026, in Life Science Logistics, LLC v. United States, the U.S. Court of Appeals for the Federal Circuit held that bid protesters challenging an agency’s override of an automatic stay of contract performance under the Competition in Contracting Act (CICA) need not satisfy the demanding four-factor test traditionally required for preliminary injunctive relief.  In so doing, the Federal Circuit clarified that CICA stay override challenges need only demonstrate that the override decision was arbitrary and capricious—nothing more....