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B-201687 1 (1981-06-17)

handle is hein.gao/gaobadjme0001 and id is 1 raw text is: .EoktR r. THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON, 0. C. 20548 ':'-:'~~~~~~V I T V ,TO N 0 O FILE: B-201687 DATE: June 17, 1981 MATTER OF: American Dredging Company--Reconsideration DIGEST: 1. Prior decision upholding agency decision is affirmed where request for reconsid- ation fails to advance factual or legal grounds upon which reversal would be warranted. 2. Claim for bid preparation costs is denied since record fails to estab- lish agency's actions were arbitrary or capricious. American Dredging Company (American) requests reconsideration of our decision in American Dredging Company, B-201687, May 5, 1981, 81-1 CPD . In that decision, we upheld the Coast Guard's determination to set aside a procurement exclusively for small busi- nesses on bid opening day based on the Coast Guard's finding there was a reasonable xpectation of suffi- cient small business competition. Our decision relied on prior decisions of this Office which allowed the setting aside of procurements for small businesses by amendment well after the solicitation issuance date and close to or even after proposal receipt date. See 53 Comp. Gen. 307 (1973); Gill Marketing, Inc., B-194414.3, March 24, 1980, 80-1 CPD 213; Ampex Corpo- ration, et al., B-183739, November 14, 1975, 75-2 CPD 304. In the decision, we stated that although the protester had challenged the contracting officer's determination, based on alleged coercion, lack of independent judgment and mistaken view that a set- aside was mandatory, the protester had not rebutted the reasonableness of the contracting officer's deter- mination that sufficient small business competition could be expected. Also, while the contracting offi- cer did not initiate the set-aside until bid opening day, the action was taken in good faith and only after 072/

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