Compliance With Statutory Requirements of Brooks Act

A company protested the award of a National Weather Service automation systems contract to competitor, alleging that: the procurement violated the Brooks Act; the awardee proposed to build a new minicomputer although the solicitation requires use of off-the-shelf equipment; and the agency conducted negotiations with a competitor but not with other offerrors within the competitive range. Although the protest concerning compliance with the Brooks Act was untimely, it was considered because it raised significant issues relating to congressional intent. The allegation that the minicomputer was not compatible with specifications was not substantiated, and the allegation concerning negotiations will not be considered because the same issues were heard by a court of competent jurisdiction. The protest was denied.