Protest of Air Force Solicitation

B-193732: Jun 15, 1979

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A firm protested the award of a contract by the Air Force to provide maintenance and repair services for 125 facilities at Wright-Patterson Air Force Base, Ohio. The protester claimed that amendments to the solicitation were made to accommodate the incumbent contractor, but this protest was dismissed as untimely. The protester also objected to the fact that the contracting officer did not respond to its request to open discussions for clarifications after the closing date, but GAO held that the contracting officer had acted reasonably in this determination. It was further alleged by the protester that the contracting officer had incorrectly given oral authorization to the successful offeror to begin performance prior to the complete execution of the contract. Because the agency needed continuous service and the protester was not prejudiced by this action, GAO held that the legality of the award was not affected. Since the protester decided to pursue with the Department of Labor its complaint concerning the awardee's alleged noncompliance with affirmative action and equal opportunity provisions under a prior contract, GAO did not review this matter. For the above reasons, the protest was denied in part and dismissed in part.