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Expert Analysis

No Good News For Small Businesses In FedServ GAO Decision

Law360, New York (December 9, 2015, 10:34 AM EST) -- The U.S. Government Accountability Office recently released a decision in the matter of FedServ-RBS JV LLC, B-411790, Oct. 26, 2015, that offers little assurance for small companies seeking to form Small Business Administration-approved joint ventures in pursuit of government business. The decision is entirely consistent with GAO precedent, and is in concert with SBA regulatory guidance, but rather starkly highlights the significant cost risk on aspiring joint venture partners seeking to bid on government contracts. It also potentially forces contracting agencies to award to second-place bidders if the SBA fails to timely approve a joint venture request....

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