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B-199540.3 1 (1982-11-16)

handle is hein.gao/gaobadksk0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITEO STATES WASHINGTCN, 0. C. 20548 FILE: B-199540.3 DATE: November 16, 1982 MATTER OF: Boone, Young & Associates, Inc. DIGEST: 1. Absent a showing of bad faith, GAO will not disturb cancellation of solicitation set aside for socially and economically dis- advantaged small business concerns under section 8(a) of Small Business Act. Showing of bad faith requires undeniable proof agency had malicious and specific intent to injure party alleging bad faith, and such proof has not been submitted by protester. 2. Although source selection official's decision must be consistent with solicitation's stated evaluation criteria and must have rational basis, such official is not bound by recom- mendations of evaluation and advisory groups even though such groups may be composed of working level officials who normally have technical expertise required for technical evaluations. 3. Since claimant has not shown that the rejec- tion of its proposal and cancellation of an 8(a) solicitation along with the subsequent cancellation of a resolicitation of the same requirement, also an 8(a) set-aside, were the result of bad faith on the part of agency per- sonnel, claimant is not entitled to reimburse- ment of proposal preparation costs under either solicitation. Boone, Young & Associates claims reimbursement for expenses incurred in preparing proposals in connection with request for proposals (RFP) Nos. 105-80-P-076 (076) and 105-80-P-034 (034) issued by the Department of Health and Human Services (HHS). Each solicitation called for a tl \ 1) 4 1 1.)

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