B-230087, Feb 1, 1988

B-230087: Feb 1, 1988

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An agency's alleged failure to properly send solicitation materials to the incumbent provides no legal basis to object to an award where no prejudice resulted because incumbent ultimately obtained the materials and was able to submit a bid. 2. Badger's bid was higher than Electro-Chem's bid. Even though it was the incumbent. Badger also refers to the fact that when bids were opened. Electro-Chem's price for Item No. 4 was only 19 cents each lower than its price. Prejudice is an essential element of a viable protest. Where no prejudice is shown or is otherwise evident. This Office will not disturb an award even if some technical deficiency may arguably have occurred. Since Badger obtained the solicitation and the amendment and was able to submit a bid.

B-230087, Feb 1, 1988

DIGEST: 1. An agency's alleged failure to properly send solicitation materials to the incumbent provides no legal basis to object to an award where no prejudice resulted because incumbent ultimately obtained the materials and was able to submit a bid. 2. The General Accounting Office does not conduct investigations as part of its bid protest function to provide support for a protester's allegations.

Badger Electric Products, Inc:

Badger Electric Products, Inc., protests the award of a contract to Electro-Chem Etch under solicitation No. FCEPBM-F7512-S-12-1-87, Item No. 4, issued by the General Services Administration (GSA) for parts. Badger's bid was higher than Electro-Chem's bid.

Badger alleges that the award should be set aside because the GSA contracting officer acted intentionally to undermine Badger's chances of succeeding under the solicitation.

According to Badger, even though it was the incumbent, GSA failed to promptly serve it with the original solicitation and never sent it an amendment to the solicitation, although Badger admits it obtained a copy of the amendment from other sources. Badger claims that throughout the procurement the contracting officer failed to return its calls in a timely fashion regarding these matters. Badger also refers to the fact that when bids were opened, Electro-Chem's price for Item No. 4 was only 19 cents each lower than its price. Badger requests that this Office conduct an investigation into GSA's conduct surrounding this procurement.

Badger has failed to allege a valid basis for protest. Prejudice is an essential element of a viable protest, and where no prejudice is shown or is otherwise evident, this Office will not disturb an award even if some technical deficiency may arguably have occurred. See American Mutual Protective Bureau, Inc., B-229967, Jan. 22, 1988, 88 CPD Para. ***. Since Badger obtained the solicitation and the amendment and was able to submit a bid, the element of prejudice, required for a valid protest, is not present.

Regarding Badger's request that this Office investigate the alleged irregularities, we do not conduct investigations pursuant to our bid protest function to provide support for a protester's allegations. See BOW Industries, Inc., B-216512, Apr. 17, 1985, 85-1 CPD Para. 436.

The protest is dismissed.