Protest of Department of the Interior Contract Award

B-201664: Apr 17, 1981

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A company protested the award of a small business set-aside issued by the Department of Interior. The company contended that the agency did not comply with the regulations governing labor surplus set-asides in awarding the contract. The agency pointed out that the company's failure to submit a bid bond in accordance with solicitation requirements had rendered its bid nonresponsive. Therefore, GAO found that the company was not an interested party permitted to pursue a protest under Bid Protest Procedures. Moreover, assuming that the award of the contract was improper, the company was nevertheless ineligible for the award, and the possibility of a cancellation and resolicitation of the procurement was remote. Accordingly, the protest was dismissed.