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Highlights

The agency questioned whether an award could be reinstated when the contractor was the only bidder or whether the requirement could be resolicited using the funds set aside for the prior contract. The award may not be made under a total small business set-aside procurement to a firm found to be other than a small business concern by the Small Business Administration (SBA) even though the firm's bid was the only one received. The fiscal year funds to be used for the award can be used in a subsequent fiscal year to fund a replacement contract where the award was withdrawn because of a negative SBA size determination since the conditional contract was a binding agreement obligating the fiscal year funds, was sufficiently definite, and represented a bona fide fiscal year need, and since the replacement contract awarded after resolicitation would cover the same continuing need encompassed by the conditional contract.

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