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[Protest of DGSC Decision To Withdraw Small-Business Restricted Solicitations]

B-213363 Published: Apr 17, 1984. Publicly Released: Apr 17, 1984.
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Highlights

A firm protested under several solicitations issued by the Defense General Supply Center (DGSC), contending that DGSC improperly: (1) withdrew the small business set-aside solicitations in favor of unrestricted competition; (2) determined that awardees on the solicitations in excess of $10,000 were qualified for award under the Walsh-Healey Act; and (3) awarded a contract to a firm that was in bankruptcy proceedings. DGSC withdrew the small business set-aside solicitations because large businesses offered significantly lower prices than small businesses for the items in question. GAO held that this was a reasonable exercise of discretion on the part of DGSC. In addition, GAO held that: (1) it does not review the legal status of firms under the Walsh-Healey Act; and (2) the matter of the allegedly bankrupt firm concerned bidder responsibility, which GAO does not review absent circumstances not relevant to this case. Accordingly, the protest was dismissed in part and denied in part.

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Bidder responsibilityComparative analysisContract award protestsDefense procurementSmall business set-asidesSolicitationsSmall businessBankruptcy