Army Can Require Small Business Recertification for Contract Bidders

An Alabama contractor failed to convince the Government Accountability Office that requiring it to recertify as a small business in order to bid for a US Army technical support contract was unfair.

Radiance Technologies argued that the recertification requirement was unduly restrictive of competition and not authorized by law. The company cited recent Supreme Court rulings limiting agency deference, including the court’s Loper Bright Enters. v. Raimondo ruling that overturned the longstanding Chevron doctrine, to make its argument that the applicable Small Business Administration regulations don’t support the Army recertification requirement.

The GAO denied the protest in a decision released ...