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[Protest of Any Contract Award Under Navy IFB]

B-212975 Published: Oct 03, 1983. Publicly Released: Oct 03, 1983.
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Highlights

A firm protested the award of any contract by the Navy under an invitation for bids that was a total small business set-aside. The Navy is withholding the award pending a ruling by the Small Business Administration (SBA) concerning the firm's protest of the applicability of the size standard used. The protester contended that: (1) should SBA rule the standard proper, the Navy must cancel the solicitation because none of the bidders qualified under the standard; and (2) should SBA rule the size standard improper, the solicitation should be canceled to give all firms a fair chance to compete. Regarding the first contention, GAO held that SBA has jurisdiction over small business size matters. GAO further held that the protester's second contention was premature since SBA has yet to make a determination as to the applicability of the size standard. Accordingly, the protest was dismissed.

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Contract award protestsNaval procurementSmall business set-asidesSolicitation cancellationSolicitation specificationsU.S. NavySmall businessSolicitationsBiddersIntellectual property rightsImproper award of contractFederal regulations