[Request for Reconsideration of Decision Denying Protest of a Navy Procurement]

B-218484.2,B-218485.2: May 17, 1985

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The Navy requested reconsideration of a decision which denied a protest of two solicitations. In its decision, GAO disagreed with the Navy's contention that the protester was not an interested party. GAO found that the protester was an interested party because it would have been a potential competitor if the solicitations had been set aside for small business. In its request for reconsideration, the Navy contended that the protester failed to qualify as an interested party because: (1) nothing had precluded it from bidding under the unrestricted solicitations; and (2) the protester would fail to meet small business size standards specified under any resolicitation. GAO has held that small businesses should not have to submit an offer under an unrestricted solicitation in order to protest an agency determination not to set aside a procurement. Furthermore, GAO would not consider the argument concerning the protester's size status because it had not been submitted for initial consideration. Accordingly, the prior decision was affirmed.