Protest of FCC Contract Award

B-206999.3: May 18, 1982

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A firm protested the Federal Communications Commission's award of any contract for duplicating services, complaining that the solicitation contained inaccurate estimates of the volume of work expected under the contract. The protester also asserted that the apparent low bidder was nonresponsible because of the allegedly poor service it has been rendering under the current contract. Bid protest procedures require that a protest alleging inaccuracies in the solicitation that are apparent prior to bid opening be filed before that date. However, the protester did not file its protest with GAO until after bid opening. Therefore, GAO would not consider its challenge to the solicitation's work-volume estimates. In regard to the responsibility of the apparent low bidder, GAO does not review a contracting officer's affirmative determination of responsibility absent a showing that he acted fraudulently or in bad faith or that the responsibility criteria in the solicitation have not been met. Accordingly, the protest was dismissed.