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"Rule of Two" For Small Business Set-Asides Extended to Award of Task and Delivery Orders

Client Alert | less than 1 min read | 10.21.08

In Delex Systems, Inc. (Oct. 8, 2008, http://www.gao.gov/decisions/bidpro/400403.pdf), GAO expanded the reach of FAR 19.502-2(b), which requires an agency to limit competition to small businesses when it concludes it has a reasonable expectation of receiving offers from at least two responsible small businesses and award can be made at a fair and reasonable price. GAO held that the so-called "Rule of Two" applies to task and delivery order competitions among multiple-award contract holders, opening up a new class of award decisions to the small business set-aside requirements and potential bid protests.

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Client Alert | 7 min read | 03.06.25

European Commission’s Proposed Omnibus Simplification Package: What Are the Main Changes for Importers of CBAM Goods?

On 26 February 2025, the Commission proposed a sustainability simplifications package, commonly referred to as the Omnibus package. Among the sustainability reporting and due diligence provisions, the Omnibus package would also bring about changes to the EU’s unilateral environmental measure, the carbon border adjustment mechanism (CBAM). CBAM entered into application in its transitional phase in October 2023 and is now halfway towards its definitive implementation. The proposed deregulation brings about improvements in several CBAM areas, including scope, and reporting and procedural requirements. In this alert, we outline those suggested amendments that are likely to be of most importance to businesses involved in trading in CBAM goods....