[Protest of NAVFAC Contract Award for Guard Services]

B-241072: Dec 19, 1990

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A firm protested a Naval Facilities Engineering Command (NAVFAC) contract award for guard services, contending that: (1) NAVFAC improperly considered the awardee's late bid; (2) the awardee's bid was nonresponsive, since it did not complete its taxpayer identification representation; and (3) the awardee was ineligible for award under the small business set-aside. GAO held that: (1) NAVFAC improper actions caused the late receipt of the awardee's bid; (2) the awardee's failure to complete taxpayer representation information had no bearing on its bid's material aspects and did not render the bid nonresponsive; and (3) the Small Business Administration had conclusive statutory authority to determine the awardee's small business status. Accordingly, the protest was denied in part and dismissed in part.