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GAO Sustains For Failure To Set Aside For Small Business


In Information Ventures, Inc. (Oct. 8, 2004), GAO sustained a pre-award protest of an unrestricted procurement because the agency failed to take reasonable efforts to ascertain whether at least two small businesses were capable of performing the work, and, in fact, that the agency ignored known information that there were at least two small businesses that could have done so. Lesson learned from this case is that small businesses should carefully monitor the issuance of unrestricted procurements and object prior to the submission of proposals (due to strict GAO timeliness rules) if they believe that multiple small business are capable of performing the work.

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

Marc F. Efron
Retired Partner – Washington, D.C.

Daniel R. Forman
Partner – Washington, D.C.
Phone: +1 202.624.2504

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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