[Protest of Contract Award Alleging Ineligible Awardee]

A firm protested an Army contract award for the transportation of personal property under a small business set-aside, contending that the awardee was ineligible as a small business. The firm filed a protest with the Small Business Administration (SBA) which decided that, although the size standard in the solicitation was an error, it was binding for the present size determination and concluded that the awardee was other than small for the purposes of the procurement. Notwithstanding the SBA determination, the Army awarded the contract to the disputed awardee. GAO stated that the solicitation's size standard is controlling for any award, unless it is timely protested and the SBA Size Appeals Board has ruled that an incorrect standard was used. Since neither action was taken, GAO stated that the contracting officer in effect changed the ground rules for this procurement by awarding the contract to a firm determined to be not within the size standard. Accordingly, the protest was sustained. GAO recommended that the Army terminate the contract with the awardee for the convenience of the Government and either award the remainder of the requirement to the next low bidder or resolicit the requirement.