State Department Takes Prompt Corrective Action in Response to Pre-Award Protest

In January 2019, the Government Accountability Office (GAO) dismissed a pre-award protest Bass, Berry & Sims filed on behalf of an 8(a) small business joint venture client after receiving notice from the State Department that the agency was taking corrective action in response to the protest grounds. The protest, which was filed in December 2018, argued that the State Department’s decision to exclude our client from the competitive range in a procurement set aside for 8(a) small businesses was unreasonable for multiple reasons. The State Department’s prompt corrective action letting the company back into the competitive range highlights the need for contractors, large and small, to carefully consider whether to challenge adverse competitive range determinations.

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