1. Home
  2. |Insights
  3. |GAO Sides With COFC In Continued Battle Over Hubzone Set-Aside Priority

GAO Sides With COFC In Continued Battle Over Hubzone Set-Aside Priority

Client Alert | less than 1 min read | 05.21.10

GAO in DGR Assocs., Inc.(May 14, 2010), relied on "unambiguous" statutory language instead of a contrary 2009 opinion letter from DoJ's Office of Legal Counsel to hold that a procuring agency must first consider whether the conditions for a HUBZone set-aside exist before proceeding with an 8(a) set-aside. With this decision, GAO falls into line with (and cites with approval) the recent Court of Federal Claims decision, Mission Critical Solution v. U.S (Mar. 2, 2010), appeal docketed (Fed. Cir. Apr. 2, 2010), to the effect that set-asides to HUBZone contractors are mandatory whenever the criteria in 15 U.S.C. 657a are met.

Insights

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. ...