"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.
Contacts
Insights
Client Alert | 3 min read | 05.19.26
According to the U.S. Supreme Court, freight brokers are the transportation industry’s “matchmakers, connecting sellers of goods to the carriers who move them.” Montgomery v. Caribe Transport II, LLC, No. 24-1238, slip op. at 1 (U.S. May 14, 2026). Those matchmakers now potentially face liability when they make a bad match.
Client Alert | 5 min read | 05.19.26
DOJ Continues Attempt to Block State-Court Climate Suits with Minnesota Complaint
Client Alert | 5 min read | 05.19.26
Navigating International Arbitration Disputes Ahead of the 2026 FIFA World Cup
Client Alert | 5 min read | 05.19.26
Qatar's Judicial Enforcement Law No. 4 of 2024: A Reminder of Qatar’s Landmark Reform

