[Protests of Army Failure To Consider Firm Eligible for Awards]

B-222308,B-222309,B-222310,B-222796: Apr 28, 1986

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A firm protested the Army's decision not to consider it for award under four solicitations, contending that: (1) although it had previously been debarred, it was eligible for award because it had been removed from the debarred bidders list before the awards were made; and (2) its name was not included on the notification of proposed debarment one of its affiliates received. The Army advised the protester that it was once again being considered for debarment, because its affiliates were being proposed for debarment for an additional 3-year period for new and independent reasons. The Federal Acquisition Regulation provides that the debarring official may extend the decision to debar a contractor to all of its affiliates only if each affiliate is specifically named on the notification of proposed debarment. However, GAO found that the Army properly precluded the protester from being solicited for or receiving government contracts, since the debarring officer's failure to notify the protester was only a procedural defect. Accordingly, the protest was dismissed.