[Request for Reconsideration of Protest of Army Contract Award]

B-214568.2: Jul 17, 1984

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A firm requested reconsideration of a decision in which GAO dismissed its protest that the Army improperly awarded a contract to the Small Business Administration (SBA) under the section 8(a) program, contending that: (1) in deciding to set aside the contract under section 8(a), the Army acted in bad faith with prejudice against the protester, which was the incumbent contractor; (2) the proposed awardee was not qualified to perform the required services; (3) a conflict of interest existed because an Army officer worked for the awardee; and (4) SBA did not assess the impact on the protester of setting aside the contract. GAO held that: (1) the evidence provided by the protester did not prove that the Army acted in bad faith; (2) the protester was not an interested party to question the qualifications of the awardee; (3) no conflict of interest existed because the Army officer did not work for the awardee until after his retirement; and (4) SBA was not required to conduct an impact study because the protester was not a small business. Accordingly, the original decision was affirmed.

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