[Protest of Sole-Source Contract Award]

B-208227: Oct 12, 1982

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A firm protested the award of a contract by the Army for an engineering study. The awardee had submitted an unsolicited proposal under the Defense Small Business Advanced Technology Program which encourages small businesses to propose research and development efforts in specified technological areas for the Department of Defense. The sole-source award was protested because the protester felt that it also had the technical ability to perform the study. The protester further asserted that this type of study was not covered under the program and that the awardee did not meet the program requirements because it was a relatively new firm. The protester also protested any future sole-source contract awards to the awardee under the next two phases of the program. Bid protest procedures require that protests be filed with GAO or the contracting agency within 10 working days after the basis of the protest is known or should have been known. Since the protest concerning this award was not filed within this timeframe, it was untimely. The Army advised GAO that the second two phases of the program were not covered by the contract and no decision has been made concerning the procurement of these phases; therefore, they asserted that this aspect of the protest was premature. GAO agreed and, accordingly, the protest was dismissed.