[Protest of GSA Contract Award Complaining About Failure To Receive Solicitation]
Highlights
A firm protested a contract award to another firm under a General Services Administration (GSA) solicitation, contending that GSA: (1) improperly excluded the protester from competition and that the exclusion was racially motivated; (2) did not obtain adequate competition or a reasonable price; and (3) awarded the contract notwithstanding the instant protest, in violation of federal regulations. GAO held that: (1) GSA did not intentionally exclude the protester from competition, as evidenced by the fact that GSA publicly advertised the procurement; (2) the protester did not prove that its alleged exclusion from competition was racially motivated; (3) GSA obtained bids from three firms and a price that was consistent with the government's estimate; and (4) the award of the contract during the pendency of the protest was a procedural matter that did not affect the validity of the award. Accordingly, the protest was denied.