[Protest of Army Contract Award]

B-215784: Dec 3, 1984

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A firm protested an Army contract award to a firm affiliated with a contractor suspended at the time of bid opening. The low bid was submitted by the awardee; however, the protester contended that the awardee was affiliated or controlled by a company that, at the time of bid opening, was not eligible to receive a government contract. The protester asserted that the firm was at least partly owned by an individual who was also ineligible at the time. GAO stated that a suspended bidder is not prohibited from submitting a bid even though it may not receive an award unless the suspension is terminated. The suspensions of both parties involved were terminated before the award and they became eligible to receive the awarded contract. Eligibility for receiving an award is determined at the time of the award, not at the time of bid opening. Accordingly, the protest was denied.

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