Subcontract Unenforceable When Violates SBA Requirements
Client Alert | 1 min read | 08.30.10
In Morris-Griffin Corp. v. C & L Servs. Corp. (Aug. 16, 2010), the U.S. District Court for the Eastern District of Virginia found that a subcontract between a small business prime contractor and its large business subcontractor was unenforceable because it violated the SBA's size regulations and limitations on subcontracting. After finding that the two companies were affiliated and that the large business subcontractor was seeking to enforce a subcontract under which it was entitled to greater than 50% of the costs incurred for personnel, the court concluded that the prime had falsely certified that it was a small business and that its contract awarded under an 8(a) set-aside had been "conceived in fraud," noting further that such set-asides "are susceptible to finagling."
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