Analysis of Court of Claims
Decision Coming
On March 2, 2010 the Court of Federal
Claims released a public copy of a decision it reached on February 26,
2010. The decision ruled that the HUBZone set-aside in the Small
Business Act is mandatory and takes precedence over both the 8(a) and
SDVOB permissive set-asides included in the Act. In so ruling, the
court rejected the positions taken by OMB, SBA, and the Department of
Justice that there was parity among these three set-asides. The
decision has wider implications than just giving the HUBZone program an
advantage. How does it affect the new VA SDVOB set-aside program? In
rejecting some of SBA's regulations does this decision have a potential
impact on other agency regulation, specifically the SBA and VA
regulations. I will be issuing an article on my view of these issues
soon and sending it to you. If you have questions on the decision you
can send them to me at info@powerlawoffice.com and I will try to include
answers to these questions. Forward this message to anyone you think
will be interested in this issue.