HDR farblog

SBA rules in favor of firm’s client in size protest

The Small Business Administration (SBA) has ruled in favor of one of the firm’s clients in size-determination case.

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Competitive prejudice—an essential element for a winning bid protest

On October 31, 2014, the Government Accountability Office (GAO) denied three protests by companies bidding on providing information technology required by the U.S. Army Materiel Command.

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Government contractors can’t discriminate on the basis of sexual orientation or gender identity

On July 21, 2014, President Obama signed Executive Order 13672, entitled “Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity,” adding sexual orientation and gender identity to the list of prohibited forms of employment discrimination. This Executive Order amended prior Executive Orders 11246 (President Johnson, 1965) and 11478 (President Nixon, 1969), which prohibited discrimination on the basis of race, color, religion, sex, or national origin.

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Competitive prejudice and latent ambiguity

In a bid protest filed by SunGard Data Systems, Inc. (B-410025, Oct. 10, 2014), the Government Accountability Office (GAO) addressed whether latent ambiguity in a work statement can prejudice a bidder.

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SBA proposes new rules relaxing affiliation rules for small businesses

On December 29, 2014, Small Business Administration proposed rules in the Federal Register to, among other things, relax the affiliation rules for similarly situated entities. Similarly situated entities are those companies that share the same size status or other socioeconomic program status. For example, two small businesses are similarly situated to each other and two 8(a) Business Development Program participants are similarly situated to each other. Specifically, the SBA proposed to amend the ostensible subcontractor rule located in 13 CFR § 121.103(h)(4) and broaden the exception to joint-venture affiliation located in 13 CFR § 121.103(h)(3).

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