Set-Aside Decision Doesn't Require Responsibility Determination
Client Alert | less than 1 min read | 01.30.14
In Adams & Assocs., Inc. v. U.S. (Jan. 27, 2014), the Federal Circuit affirmed that, when applying the "Rule of Two" in a small business set-aside determination, the contracting officer needs only a "reasonable expectation" that at least two responsible small businesses would submit offers and is not required to undertake a responsibility determination pursuant to FAR 9.104-1. This establishes a relatively low threshold of market research under the "Rule of Two" and confirms that a contracting officer need not collect information on factors such as capability, capacity, and past performance on small businesses at the acquisition planning phase of a procurement.
Insights
Client Alert | 6 min read | 09.11.25
U.S. Department of Commerce Partially Relaxes Export Controls on Syria
On August 28, the U.S. Department of Commerce Bureau of Industry and Security (BIS) published a final rule that modifies the Export Administration Regulations (EAR) to reduce the number of export control restrictions on Syria, in alignment with Executive Order 14312, Providing For The Revocation of Syria Sanctions. The key adjustments made by this rule include the addition of new or expanded license exception eligibility for exports and reexports to Syria (which significantly broadens the number of items that can be exported or reexported to Syria) and the adoption of more permissive license review policies for exports and reexports to Syria.
Client Alert | 9 min read | 09.11.25
Client Alert | 1 min read | 09.10.25
Client Alert | 7 min read | 09.10.25