Protest Regarding Eligibility for Award

A company protested an agency's determination that it was not eligible for award under an invitation for bids and the subsequent award to another bidder. Since consideration of protests concerning prior procurements of the solicited items would serve no useful purpose, that part of the protest was dismissed. Protests concerning the agency's determinations as to whether the protester and the successful bidder were manufacturers were not for consideration since such determinations were subject to final review by the Secretary of Labor. The acceptance of a bid which was extended after bid opening as to items offered on the basis of first article approval was not objectionable. The low bid was properly not rejected for the alleged failure of the bidder to submit requested information since the information was in fact contained in the bid. Placement of information in a different part of the bid than directed was a minor informality which could be waived. Recommendations regarding changes in the method of procurement were not for consideration since they were directed at future procurement practices.