Military Agency Services Pty., Ltd.

B-290414,B-290441,B-290468,B-290496: Aug 1, 2002

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A firm protested a Department of the Navy contract award for picket boat services in the Singapore harbor to protect the United States Naval Ship (USNS) Niagara Falls, the United States Ship (USS) Cushing, the USNS Pecos, and the USNS John Ericsson, contending that (1) regarding the USNS Niagara Falls, the solicitation breached its current contract requirements and exceeded the government's legitimate needs, (2) regarding the USS Cushing, the solicitation breached its current contract and that the solicitation's request for an immediate response did not give it a meaningful opportunity to compete, (3) regarding the USNS Pecos, it was unfairly denied the contract, and (4) regarding the USNS John Ericsson, it was not solicited for the contract. GAO held that (1) breaches of contract requirements are out of its bid protest jurisdiction, (2) requests for near-immediate responses is unobjectionable, (3) because no factors are specified in a solicitation, price is the sole evaluation source, and (4) even if Navy improperly failed to solicit the protester, the protester was not prejudiced because there was no suggestion that it would have been successful under the solicitation. Accordingly, the protest are in part, denied, and in part, dismissed.

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