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[Protest of USCG Contract Award for Solid-State Flashers]

B-224203 Published: Feb 04, 1987. Publicly Released: Feb 04, 1987.
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Highlights

A firm protested a Coast Guard contract award for solid-state flashers, contending that: (1) the Coast Guard improperly reviewed the awardee's flashers and should not have listed them on the qualified products list; and (2) the awardee falsely certified in its bid that it manufactured the flashers and may have acted as a broker for the actual manufacturer. The Coast Guard contended that the protester untimely filed its protest more than 10 days after bid opening, when it should have known the basis for protest. GAO held that: (1) the protester timely filed its protest, since it did not know that the Coast Guard determined that the awardee's bid satisfied the listing until it learned of the contract award; (2) it would not review the allegation that the awardee's flashers were improperly listed, absent proof that the Coast Guard acted unreasonably; (3) it would not review the allegation that the awardee intended to furnish a nonqualifying component; since the awardee's bid did not take any exceptions to the specifications; and (4) the fact that the awardee subcontracted for the manufacture of the flashers did not falsify its Walsh-Healey certification. Accordingly, the protest was denied.

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Bidder responsibilityContract award protestsEquipment contractsMilitary procurementQualified products listTestingUntimely protests