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Unduly Restrictive Specification Requires Redo


In Smith and Nephew Inc. (Jan. 2, 2015), publicly released this week, GAO sustained a pre-award solicitation protest alleging that the VA had unduly restricted competition with an unnecessary specification requirement. GAO concluded that the "minimum fluid absorption rate" for medical bandages demanded by the VA was not based on any demonstrable agency need, was predicated on one repudiated test study by a single contractor, and could not be met by any commercially available product in the marketplace.

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Daniel R. Forman
Partner – Washington, D.C.
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John E. McCarthy Jr.
Partner – Washington, D.C.
Phone: +1 202.624.2579

James G. Peyster
Counsel – Washington, D.C.
Phone: +1 202.624.2603

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