Protest of Navy Contract Award

B-202076: Mar 9, 1981

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A company protested the award of a contract by the Department of the Navy. The protester contended that the solicitation's specifications were improperly drafted around the product of the awardee and should have been more general. In addition, the protester argued that the Navy erroneously determined that its item did not meet certain specification and performance requirements of the solicitation. Bid protest procedures require that protests based on alleged specification improprieties which are apparent prior to the closing date for receipt of initial proposals must be filed before the closing date. Because the protest concerned a deficiency apparent on the face of the solicitation and was received after bid opening, it was untimely. In addition, after the Navy advised the protester of the award, the protester filed a Freedom of Information Act request with the Navy requesting the Navy's justification for the award. As a result, the protester did not become aware of its other grounds for protest until it received the additional information from the Navy. Bid protest procedures require that a protest based on allegations other than an apparent solicitation defect must be filed within 10 working days after the basis for protest is or should have been known. The protest was filed almost a month after the information requested under the Act was sent to the protester. Therefore, this part of the protest was also untimely. Accordingly, the protest was dismissed.