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B-196010.2 1 (1980-09-05)

handle is hein.gao/gaobadiny0001 and id is 1 raw text is: 



                             THE  COMPTROLLER GENERAL
     DECISION              ''OF  THE   UNITED STATES
                             WASHINGTON,        . C. 20548



     FILE: B-196010. 2             DATE:   September 5, 1980

     MATTER  OF:    Jawak  Consulting Corporati  -
                    IRequest for Reconsideration

     DIGEST:

     1.   Pursuant to request for reconsideration,
          GAO will consider certain bid protest alle-
          gations dismissed as untimely in initial
          decision for failure to comply with filing
          deadlines of 4 C.F.R. 20.2 (b).  TLhis action
          is taken because, in granting protester exten-
          sion of time limits set forth in 4 C.F.R.
          20.3  (d) for filing comments on agency report,
          GO  may have unintentionally misled protester
          into belief that requirements of 4 C.F.R.
          20.2  (b) had been waived.

      2.  Where contracting agency recommends contractor
          to SBA under 8(a) program, GAO will not disturb
          evaluators' judgmental decisions absent showing
          of  fraud or bad faith. Since protester does not
          allege, and record does not indicate fraud or
          bad  faith by agency evaluators, GAO will not ob-
          ject to evaluation.


          Arawak Consulting Corporation (Arawak) requests
      reconsideration of our decision, Arawak Consulting
      Corporation, B-196010, 59 Comp. Gen.    (1980), 80-1
      CPD 404, in which we denied in part, and dismissed
      in part, Arawak's protest of the evaluation, selection,
      and award process used by the Department of Health and
      Human Services (HHS) under a requirement solicited as
      a set-aside pursuant to the Small Business Administra-
      tion's (SBA) 8(a) program.

           Arawak requests that we consider those allegations
      dismissed in our prior decision as untimely under our
      Bid Protest Procedures, 4 C.F.R. Part 20 (1980), which
      require that protest allegations be filed not later
      than 10 working days after the basis for protest is







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