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Federal Circuit Adopts Broad Standing in Set-Aside Challenge

Client Alert | less than 1 min read | 09.04.15

In Tinton Falls Lodging Realty, LLC v. U.S. (Sept. 2, 2015), the Federal Circuit on review of a set-aside contract upheld a small-business determination concerning the awardee when challenged by a large business hoping to compete for the work. Of more general interest was Judge Chen's ruling upholding the large business's standing to pursue the protest, as, if it had been successful on the merits, no small businesses would have submitted qualifying offers and the agency might have reprocured on an unrestricted basis.


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Client Alert | 3 min read | 06.22.26

Timing Is Everything: GAO Dismisses Three Protests Filed Before the Solicitation Deadline but After GAO’s Daily Cutoff Time

A recent U.S. Government Accountability Office (GAO) decision dismissing three pre-award protests as untimely highlights an important procedural trap for would-be protesters. In Oready, LLC, GAO dismissed three protests filed one business day too late, even though they were submitted prior to the solicitation closing date and time. ...