[Protest of Proposed NRC Contract Award Where Lottery Determined Awardee]

A firm protested a proposed Nuclear Regulatory Commission (NRC) contract award to another firm under an invitation for bids (IFB) issued as a small business set-aside for foreign document translation. Both firms submitted equally low bids, and the awardee was determined by drawing lots. The protester complained that: (1) the solicitation specifications put it in a detrimental position; (2) NRC failed to furnish documentation demonstrating the existence of a tie bid and the propriety of the lottery process; (3) NRC failed to consider the relative competence of the bidders in resolving the tie; and (4) the proposed awardee did not have the required security clearance. Bid protest procedures require that protests of alleged deficiencies in an IFB which are apparent prior to bid opening be filed before bid opening. Since this portion of the protest was not filed by that date, it was untimely and not for consideration. In addition, GAO found that NRC resolved the tie in full accordance with the regulations. Furthermore, the relative competence of bidders is not a factor which an agency may properly consider under Federal Procurement Regulations when resolving a tie bid, nor is the ability of a contractor to obtain any necessary security clearances. Accordingly, the protest was dismissed in part and denied in part.