[Protest of INS Contract Award]

B-213065: Oct 11, 1983

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A firm protested a contract award by the Immigration and Naturalization Service (INS) for housing aliens, alleging that: (1) INS should have procured the services through negotiation rather than by formal advertising; and (2) the awardee's plans for performing the contract were inadequate because it had not applied for a permit to use its facility and might not comply with local zoning ordinances. GAO dismissed the first allegation as untimely, since the protest was filed more than 2 months after bid opening. GAO held that the second allegation was a matter of bidder responsibility and it will not review a contracting officer's responsibility determination absent evidence that definitive criteria were not applied or that procuring officials acted fraudulently or in bad faith. Accordingly, the protest was dismissed.

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