Protest of Army Contract Award

B-207807: Jul 6, 1982

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A firm protested the award of an Army contract for general support and backup maintenance services. The protester contended that the invitation for bids (IFB) did not contain sufficient information upon which to base a bid and that the awardee could not perform the contract at the price bid. GAO stated that the first allegation related to an alleged impropriety apparent in the IFB prior to bid opening. Bid protest procedures require that such protests be filed with GAO prior to bid opening; therefore, this aspect of the protest was untimely and not for consideration. The second allegation, regarding the awardee's bid price, was a matter of contract administration which did not relate to the propriety of the award. Contract administration is the function of the procuring activity and GAO does not resolve such matters under bid protest procedures. If a bidder has been found to be responsible by the contracting agency, the fact that the bidder may have submitted a below-cost bid does not constitute a legal basis for precluding or disturbing a contract award. Accordingly, the protest was dismissed.

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