Protest of Navy Contract Award

B-205792: Jan 8, 1982

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A firm protested the award of a contract to supply the impeller component for boiler feed pumps under a request for quotations (RFQ) issued by the Navy. The protester made two alternative arguments that: (1) the impeller should be procured on a sole-source basis; and (2) if the Navy believed other firms could supply the required part, the Navy should have tested the impeller in the protester's original pump to ensure that the part performs properly. Use of the replicated part in the original equipment could result in damage to property and person, exposing the protester to potential product liability. Bid protest procedures require that a protest alleging an impropriety apparent from an RFQ be filed prior to closing date for receipt of quotations. The protest regarding the basis of the RFQ and the failure of the Navy to include a testing requirement was filed almost 2 months after the closing date for receipt of quotations; therefore, these issues were untimely raised and not considered on the merits. Regarding the protester's contention that the award should have been made on a sole-source basis, GAO generally will not review such a protest. Accordingly, the protest was dismissed.

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