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ARTICLE · 17 FEBRUARY 2021

COFC: "Rule Of Two" Must Be Analyzed Before "Any" Acquisition

Bass, Berry & Sims PLC
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The Court of Federal Claims (COFC) recently affirmed that agencies are required to apply the "Rule of Two" to all federal acquisitions in its decision of Tolliver Grp., ...

United StatesGovernment, Public Sector
Todd Overman
Todd Overman

The Court of Federal Claims (COFC) recently affirmed that agencies are required to apply the "Rule of Two" to all federal acquisitions in its decision of Tolliver Grp., Inc. v. United States. Further, agencies must give a reasonable explanation supported by factual evidence when canceling solicitations. The decision ensures that small businesses will continue to have robust access to federal procurement opportunities.

Army Cancels SDVOSB RFPs in Favor of Unrestricted Multiple Award Contract

The two solicitations at issue in this case were for the procurement of training staff for a field artillery school located in Fort Sill, Oklahoma. Both solicitations were set-aside for service-disabled veteran-owned small businesses (SDVOSBs). After the Army awarded the contracts to two SDVOSBs, a third SDVOSB bidder protested the awards, alleging deficiencies in the Army's evaluation of various factors.

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