Protest Involving Failure To Set Aside Procurement and ICC Operating Authority

B-185366: May 24, 1976

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A protester against a contract award contended that: failure to set aside certain areas for small businesses was improper; the awardee did not have Interstate Commerce Commission (ICC) operating authority in its own name; a principal-agent agreement was not binding; and a prohibition against submitting alternate bids was violated. The protest against failure to set aside work for small businesses was untimely since it was filed after bid opening. The protest based on remaining contentions was timely but was rejected because: the bidder's failure to possess ICC operating authority did not require rejection since this was not a specific solicitation requirement; the principal-agent contract was being performed according to its terms; failure to submit evidence of the agency agreement prior to award was a procedural deficiency; and submission of a bid by another agent did not constitute the prohibited "alternate bids."

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