Comments on a Prior Decision

B-195267.3: Published: Mar 24, 1980. Publicly Released: Jun 4, 1985.

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Comments were provided on a decision in which GAO considered the issues raised by a firm to be academic because the soliciting agency had cancelled the protested solicitation. Despite the corrective action taken by the solicitor in cancelling the contract and reprocuring the services, the firm wanted GAO to decide whether the solicitor should set aside all similar procurements for exclusive participation by small businesses and whether the solicitor used the correct size standard in the cancelled solicitation. GAO declined to do so as the issues had been rendered academic. Under GAO Bid Protest Procedures, a party must be interested in order for a protest to be considered. Additionally, GAO held that the determination and assignment of correct size standards of a product is made by the contracting officer with right of appeal to the Size Appeal Board of the Small Business Administration.

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