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Unduly Restrictive Specification Requires Redo

Client Alert | less than 1 min read | 03.24.15

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.

Insights

Client Alert | 2 min read | 12.16.25

ASBCA’s FY 2025 Report – A Look at the Numbers

Every year since 1979, the Armed Services Board of Contract Appeals (ASBCA) has issued a Report of Transactions and Proceedings (Report), which provides helpful statistics for contractors and practitioners regarding the ASBCA’s docket and success rates for contractor litigation and ADR.  The ASBCA published its FY 2025 Report on October 30, 2025. ...