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B-187841 1 (1977-03-23)

handle is hein.gao/gaobadell0001 and id is 1 raw text is: 

I


                          THU  COMPTI53LLn UENMAL
       DWOWIN .op ir-%a uhaToa11 STATUe
                           WAEHINOTON. C.C. t0g4u



 FILE: B-187841                 DATE?   Marc 23, 197f
 MATTIER OF:   Hugh Maher

 DIGEST:

    Agency dtd aot abuse iti discretion in rejecting bid by
    individual who was employed by contracting activity at
    time he submitted his bid.

    -Hugh Maher (Maher) has protested the rejection by the
Dep'Artment at Ce Army of a bid by Hiugh Maher & Sons to
provide garbage removal services at West Point, New York.
Maher  asserts that the agency iheorrectly found that he was
not a rempoaIble bidder due to his employment by the Govern-
ment at the time he submitted his bid.

    On Septembe- A3, 1976, theUnifed Stte Military Academy
issued TB No. DAHCO2-76-B-1771,  xcquesting bids for garbage
removal services at several public biuldijis and fimily housing
areas in West Point and Ne4burjh, New, York. Bids were open-
,ed onzSeptember 28, 1976. The bid of'HU#h Maher & Sons,
sigred by Huh' Maher,: owier was the 1or bid on three of the
iter.e. On September 30. 1976, ifugh Mather visited he -Contract-
ing'Officer comp~alning that hehad been informed by a c6ntract
specialist that he was not a responsible bidder gidice he was a
government employee. Maher  statel that it was his intention
to reaign from his temporary employment wit the government
if awarded the contract.

    On November 12, 1976, Maher protested to Out Office the
rejection of his bid and thri award of the contract iems to high-
er bidders. Maher's protest asserts that there is llo prohibi- -
tion against accepting a bid from a Government employee per se,
and the contract could have been executed with him after he re-
signed.




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