Bass, Berry & Sims attorney Todd Overman provided insight on the “rule of two” requirement related to how businesses are awarded government contracts. A recent ruling – known as the Tolliver decision – by the Court of Federal Claims has led to confusion over how the rule is applied for small businesses seeking multiple award contracts.
“This case provides support for rule of two analysis and gives an interpretation of how [it] applies in multiple award contracts,” Todd said. “Even though you may have utilized the authority without the rule of two, you still need rule of two analysis before placing an order under a MAC [multiple award contract].”
“This is a big deal,” Todd added. “It does have the potential far reaching impact with regards [of] the need to document the rule of two analysis.”
The full article, “Age-Old Small Business Contracting Challenge Rears its Ugly Head, Again,” was published by the Federal News Network on February 23 and is available online. To learn more on this topic, please read Todd’s February 15 GovCon & Trade blog post COFC: “‘Rule of Two’ Must Be Analyzed Before ‘Any’ Acquisition.”