GAO Decides Small Unpopulated JVs can Obtain Security Clearances and Decides When a Statute Automatically Takes Effect

Outlook Law – In a case entitled InfoPoint, LLC, a small business protested the terms of a proposal, which was issued by the Air Force.  The Air Force insisted that the unpopulated Joint Venture (JV) must obtain a top-secret security facility clearance (FCL) when the partners to the JV both have such clearances.  The small business protested, and the GAO found for the small business–allowing an unpopulated JV to use the FCL of its partners.  That was the first finding many comments grabbed onto, but there is a second point that is just as important, which was reinforced in this case.