Back to Cases

PilieroMazza represented a protester in its successful and well-publicized bid protest to the U.S. Government Accountability Office (GAO).  This protest was the first of its kind under the GAO's new authority to hear protests of task orders valued in excess of $10 million.  Ruling in our client's favor, the GAO established significant precedent for the application of small business set-aside requirements to task orders

The protest alleged that the agency (1) failed to comply with the set-aside provisions of Federal Acquisition Regulation (FAR) § 19.502-2(b), when issuing, on an unrestricted basis, the solicitation for a delivery order under multiple-award contracts; and (2) erred in concluding that it had no reasonable expectation of receiving offers from two small businesses is sustained where the record shows that the agency's set-aside determination is not adequately supported by the record.  In sustaining the protest, GAO specifically determined that the set-aside provisions of the FAR apply to competitions for task and delivery orders issued under multiple-award contracts.