[Protest of Interior Contract Award]

An Indian tribal organization protested a contract between the Bureau of Indian Affairs and the Small Business Administration (SBA), and the subsequent subcontract to a non-Indian firm. The protester argued that SBA failed to comply with the Indian Self-Determination and Education Assistance Act, because Indian firms were not given the greatest feasible preference in the award of the subcontract. The act requires that the prime contractor give preference to Indian firms when soliciting for any subcontract work. GAO noted that the protester had incorrectly assumed SBA to be the prime contractor. SBA merely identified a firm to perform the contract, and it could not be considered the prime contractor. GAO held that the act's requirements were properly directed at the non-Indian firm, because it was responsible for the actual contract performance. Although GAO found that the protester was an interested party in this matter and that the protest was timely filed, the merits of the argument were nullified due to the protester's incorrect assumption. Accordingly, the protest was denied.