The Senate passed an amendment to the Defense Authorization Act (S
1390) that changes the language in the Small Business Act 15 U.S.C.
657a(b)(2)(B) from "shall" to "may". This was the language relied upon
in the Contract Management cases I litigated and the recent GAO
decisions to find the HUBZone program mandatory and to have a
preference over other small business set-asides. If this amendment
remains in the final bill sent to the President it will give parity to
the three programs consistent with SBA's current regulations.
« HUBZone Set-Asides Mandatory or Not? | Main | Parity Amendment Dropped »
07/24/2009
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