GAO Rules that DoD May Not Require a Small Business Joint Venture Itself to Hold Facility Clearance
Client Alert | 1 min read | 09.08.21
In InfoPoint LLC, the Government Accountability Office ruled that the Department of Defense could not require a small business joint venture offeror to itself hold a facility clearance when the individual joint venture members themselves both hold the necessary facility clearances. GAO ruled that the National Defense Authorization Act for Fiscal Year 2020, implemented in the Small Business Administration’s regulations at 13 C.F.R. § 121.103(h)(4), unambiguously prohibits the DoD from requiring that a joint venture hold a facility clearance if the members do. Read more about this decision here.
Contacts
Insights
Client Alert | 3 min read | 01.05.26
Another Court Rules CASA Does Not Limit Universal Relief Available Under the APA
In Trump v. CASA, the Supreme Court significantly constrained the equitable authority of federal district courts to grant universal or nationwide injunctive relief, clarifying that, with specific exceptions, a federal court’s power to grant relief is limited to the parties before it. When it was issued, many bemoaned CASA’s implications for preventing government overreach.
Client Alert | 7 min read | 01.05.26
Consideration of Artificial Intelligence in Arbitration Terms of Reference
Client Alert | 4 min read | 12.31.25
Raising the Bar: New York Expands Consumer Protection Law with FAIR Business Practices Act
Client Alert | 4 min read | 12.30.25
