[Request for Reconsideration of Dismissed Protest Against HHS Office's Cancellation of Solicitation]

B-233068.2: Nov 8, 1988

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A firm requested reconsideration of its dismissed protest against the Department of Health and Human Services' (HHS) cancellation of a solicitation to evaluate grantees under the Small Business Administration's Section 8(a) Program. GAO had held that it would not review the protest, absent a showing that HHS acted in bad faith or fraudulently, or had violated procurement regulations. In its request for reconsideration, the protester contended that the HHS decision to cancel the solicitation demonstrated bad judgment and inexperience. GAO would not review the protest, since: (1) it was within the agency's discretion to make decisions relative to the program; and (2) the protester failed to support its allegation that HHS acted in bad faith. Accordingly, the dismissal was affirmed.