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Key Case Law Rules for Government Contract Formation by Patrick Butler

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CHAPTER 6Protest Grounds Based on Small Business Issues

1. BUNDLING AND CONSOLIDATION

Overview of This Protest Ground: Contract bundling is the practice of combining two or more government requirements that were previously under separate contracts into a solicitation for a single contract (codified in the Small Business Act, 15 U.S.C. § 632(o)). Protests based on this ground are filed by small businesses that believe the government has improperly combined (or “bundled”) various requirements into one solicitation in a manner that precludes small businesses from participating as prime contractors.

The statutory prohibition against unnecessary ...

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