Protest Alleging That Awardee Is Ineligible and That Negotiations Were Improperly Conducted

B-195967: Jan 2, 1980

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A firm protested the award of a small business set-aside contract by the Department of Health, Education, and Welfare (HEW) on the grounds that (1) the awardee was not a minority-owned small business and was thus ineligible to receive the award, and (2) HEW improperly negotiated the contract. GAO determined that the awardee was, in fact, a minority small business and therefore eligible to receive the award. The second basis for the protest resulted from an effort by HEW to reconcile wide variances between the Government estimate and the estimates of the two offerors. The protester appeared to believe that the contracting officer's effort at negotiation was intended to give the awardee an opportunity to quote a price lower than the protester's. However, GAO determined that the record failed to demonstrate any basis for concluding that HEW improperly negotiated the contract. Accordingly, the protest was denied.

Mar 20, 2018

Mar 19, 2018

  • Ampcus, Inc.
    We deny the protest.
  • AMAR Health IT, LLC
    We dismiss the protest because our Office does not have jurisdiction to entertain protests of task orders issued under civilian agency multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contracts that are valued at less than $10 million.
  • Centurum, Inc.--Costs
    We grant the request.

Mar 15, 2018

  • ORBIS Sibro, Inc.
    We sustain the protest in part and deny it in part.

Mar 14, 2018

Mar 13, 2018

  • Interoperability Clearinghouse
    We dismiss the protest because the protester, a not-for-profit entity, is not an interested party to challenge this sole-source award to an Alaska Native Corporation under the Small Business Administration's (SBA) 8(a) program.
  • Yang Enterprises, Inc.
    We dismiss the protest.

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