Protest Allegation That Solicitation Requirements Are Competitively Restrictive

B-192696,B-194037,B-194103: Feb 27, 1979

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The Navy's policy of considering only first tier subcontractors in determining a prime contractor's compliance with a specified percentage goal for minority subcontracting was reviewed in three protests dealing with solicitations issued by the Navy for equipment installation and building construction at the Naval Submarine Base Bangor in Bremerton, Washington. The solicitations required the apparent low bidder, prior to award, to submit its plan for complying with a minority subcontracting program and to identify in the plan the minority subcontractors with whom firm commitments had been made. The Navy did not act illegally or improperly in considering the use of only first tier minority subcontractors since administration of subcontracting programs is essentially a matter within Navy's discretion. The protests were denied.

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