Protest of Navy Contract Award

B-196736: Mar 10, 1981

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A firm protested the award of a contract by the Department of the Navy. Bids were solicited for a 12-month lease of a dictation system and four micro-cassette portable recorders. The invitation for bids (IFB) did not require the bidder to identify the equipment it proposed to furnish to meet the specifications, and the contracting officer made no request for information in that regard before award. The awardee's bid certified that each end product was a domestic source end product as defined in the Buy American Act. The protester contended that the award of the dictation system was improper because the awardee has not been able to comply with the Buy American certification and would not be able to supply equipment satisfying an off-the-shelf requirement. GAO held that, because the awardee took no exception to the off-the-shelf requirement, it agreed to provide equipment in accordance with it. Thus its bid was responsive. Whether the equipment supplied complied with the requirement is a matter of contract administration for the contracting agency and not for consideration by GAO. Accordingly, the protest was denied.

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