Government Not Required to Set Aside FSS Task Orders Valued Under 100k

GAO recently held that the government is not required to set aside task orders for small businesses under Federal Supple Schedule contracts valued between $2,500 and $100,000.  After a $4,300 task order under a FSS contract was not set aside, a small business filed a protest with the GAO alleging the Small Business Act required all such orders to be set aside for small businesses.  
Relying on language in the 2010 Jobs Act and SBA’s implementing regulations concerning multiple award contract set-asides, GAO found that agencies have the discretion to decide whether or not to set aside FSS orders falling within this range.  Thus, while agencies may choose to set aside such orders, they are not required to do so.