Client Alerts & Newsletters

Absent Formal Elimination, Offerors Have Standing to Pursue Size Protests

December 14, 2016

In granting an appeal filed by Crowell & Moring, the SBA’s Office of Hearings and Appeals overturned an underlying area office decision dismissing a company’s challenge to the eligibility of an awardee in a DoE set-aside procurement. Rejecting the area office’s grounds that the company “would not have a reasonable chance” to be selected for award even if it prevailed in its size protest, OHA held that the company had standing to protest because its low technical ratings did not render its proposal unacceptable and the agency had made no finding that it was otherwise ineligible for award.

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

Amy Laderberg O'Sullivan
Partner – Washington, D.C.
Phone: +1.202.624.2563

Olivia Lynch
Partner – Washington, D.C.
Phone: +1.202.624.2654

Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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