[Protest of DISA Contract Award]

B-261851: Jul 18, 1995

Additional Materials:

Contact:

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

A firm protested a Defense Information Systems Agency (DISA) contract award and the Small Business Administration's (SBA) determination that the awardee was a small business eligible for award, contending that DISA: (1) improperly decided to hold discussions and request best-and-final offers (BAFO); (2) failed to test the awardee's product for compliance with the solicitation specifications; (3) improperly made award to a firm with foreign affiliations; and (4) accepted an unreasonable low bid price. GAO held that: (1) SBA had sole jurisdiction to determine the bidder's size status; (2) there was no evidence that DISA acted in bad faith; (3) the protester untimely filed its protests regarding discussions and BAFO after the due date for BAFO and failed to present a detailed basis of protest; (4) the solicitation did not require product testing or bar award to firms with foreign affiliations; and (5) DISA reasonably accepted the awardee's low bid price and determined that the awardee could perform at that price. Accordingly, the protest was dismissed.