B-187856: Mar 15, 1977

WHILE GAO FINDS THAT CONTRACTOR WAS NEGLIGENT IN ERRONEOUSLY CERTIFYING ITSELF TO BE SMALL BUSINESS. CONTRACT IS NOT VOID IN THE ABSENCE OF CLEAR SHOWING OF INTENTIONAL MISREPRESENTATION. SUCH ACTION IS NOT APPROPRIATE WHERE. THE GRAVAMEN OF TECHALLOY'S COMPLAINT IS THAT THE CONTRACTS AWARDED TO BROOKFIELD SHOULD BE DETERMINED TO BE VOID. SINCE BOTH SOLICITATIONS WERE RESTRICTED TO SMALL BUSINESS...

B-187856: Mar 15, 1977

A protester contended that awards made to its competitor should be considered void since the solicitations were restricted to small business concerns. Although the competitor was negligent in erroneously certifying itself to be a small business, the contract was not void in the absence of a clear showing of intentional misrepresentation. Termination of the contract was not recommended because it w...