[Protest of Coast Guard Contract Award for Gyro-Stabilized Binoculars]

A firm protested a Coast Guard contract award for gyro-stabilized binoculars, contending that: (1) the awardee should have been found nonresponsible because of an unsatisfactory performance record; and (2) the brand-name equipment called for in the solicitation did not represent the agency's minimum needs. GAO held that: (1) a contractor's unsatisfactory performance does not have to result in a nonresponsibility determination; (2) it would not review an affirmative determination of responsibility unless the protester showed either fraud or failure to apply definitive responsibility criteria; and (3) protests based on alleged improprieties apparent on the face of a solicitation must be filed before bid opening. Accordingly, the protest was dismissed.