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B-276149.2 1 (1997-07-31)

handle is hein.gao/gaocrptafxn0001 and id is 1 raw text is: oComptroller General of the United States Washington, D.C. 20548 Decision Matter of: American Consulting Services, Inc. File: B-276149.2; B-276537.2 Date: July 31, 1997 Terrence M. O'Connor, Esq., and Shirley Maznicki, for the protester. Thomas J. Duffy, Esq., Captain Philip T. McCaffrey and John F. Guckert Jr., Esq., Department of the Army, for the agency. Karin L. Genis, Esq., for the Small Business Administration. Behn Miller, Esq., and Christine S. Melody, Esq., Office of the General Counsel, GAO, participated in the preparation of the decision. DIGEST 1. Protest challenging post-bid opening cancellation of invitation for bids on ground that cancellation was prompted solely by contracting agency's bad faith intent to avoid awarding a contract to the protester is denied where there is no evidence of such bad faith and where the canceled solicitation did not reflect the contracting agency's minimum needs. 2. Protest that contracting agency transferred its requirement for remedial education services to the Small Business Administration's (SBA) section 8(a) contracting program in a bad faith attempt to avoid continued performance under a small business set-aside contract previously awarded to the protester and in retaliation for filing of a protest is denied where record shows that: (1) significantly higher testing success rate and independent research at other Army installations convinced the contracting activity to convert the current instructor/classroom requirement to an automated tutorial program; (2) agency's decision to convert the procurement from an instructor/classroom format to an automated tutorial program was made several months prior to the contractor's current protest challenging cancellation of another educational services solicitation; and (3) the contracting agency properly classified the offered procurement as a new requirement.

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