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A firm protested a Department of Transportation (DOT) contract award for railroad rehabilitation and construction, contending that DOT should not make award pending its appeal of the awardee's small business status determination. GAO held that the protester had no valid basis for protest, since DOT was not required to withhold award during the appeal period. Accordingly, the protest was dismissed...

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Matter of: River City Railroad Contractors, Inc. and Railroad Constructors, Inc. File: B-253644 Date: June 14, 1993

https://www.gao.gov/products/406565

B-253644: Jun 14, 1993

PROCUREMENT Socio-Economic Policies Small businesses Size determination Pending protests Contract awards Award of a contract while an appeal of a small business size status determination is pending is not improper. Even where the contracting officer is notified of the appeal prior to award. The procurement is set aside for disadvantaged businesses under section 8(a) of the Small Business Act. The...

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