[Protests of SBA Contract Award]

B-209499,B-209499.2,B-209499.3: Jul 6, 1983

Additional Materials:


Office of Public Affairs
(202) 512-4800

Three firms protested a Small Business Administration (SBA) contract award for keypunching and verifying services. The contract had initially been made to the first protester, prompting the second two protesters to contest the award. After reevaluating the proposals, SBA determined that the second protester was the proper awardee, terminated the contract with the first protester, and made the proper award. The first and third protesters protested the latter award. GAO held that: (1) since the second protester was the ultimate awardee, its protest of the first award was academic; and (2) the third protester's argument against the initial evaluation became academic as a result of the reevaluation. The two remaining protesters claimed that SBA improperly reevaluated the awardee's proposal. GAO held that, since SBA determined the first award to be improper, its decision to terminate the contract and award it to the lowest bidder under the reevaluation was correct. In regard to the protests against the SBA reevaluation, GAO would not disturb the determination since the protesters did not show it to be unreasonable. GAO also held that SBA conformed to standard criteria when evaluating the awardee's proposal and that the proposal met the minimum needs of SBA. Finally, the protesters argued against the proposals being reevaluated by one person. GAO held that, since the procuring agency determines the composition of an evaluation panel, this fact was not objectionable. Accordingly, the protests were dismissed and denied.