[Protest of Contract Award by DOE Contractor]

B-213108: Oct 11, 1983

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A firm protested a contract award for graphic service under a request for proposals (RFP) issued by a Department of Energy (DOE) operating contractor. The protester contended that: (1) the RFP referenced certain standards that were not known to all the competitors; (2) the solicitation included inaccurate work estimates; (3) the Service Contract Act wage rates were unclear; and (4) the awardee did not have the financial capability to perform the contract. GAO found that the allegation that the RFP was deficient with respect to referenced standards, work estimates, and wage rates was untimely filed, since it was not filed before the date upon which proposals were due. In addition, GAO will not review a DOE operating contractor's affirmative determination of a firm's responsibility absent a showing of fraud or bad faith or that definitive responsibility criteria in the solicitation were not applied. Since neither exception applied here, the protest was dismissed.

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