Protest against Award of Subcontract on Bases Not Specified in Solicitation

A company contended that award of a subcontract was made on the basis of technical concerns not specified in the solicitation. Awards for the Department of Energy (DOE) by prime management contractors who operate DOE facilities are excepted from the GAO policy of not reviewing subcontracts. The protest was denied because the award to a sole-source supplier was not prejudicial, the solicitation did not contain award criteria so that violations of such criteria could not be asserted, and a sole-source purchase from the only approved purchaser was not objectionable. Evaluation and award factors should be required by DOE in competitive solicitations. The protester was not entitled to bid and proposal costs since the prime contractor did not engage in arbitrary or capricious actions.