[Protest of Navy Small Business Set-Aside Contract Award]

B-213269: Nov 8, 1983

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A firm protested the award of a contract to another firm for laundry services under an invitation for bids issued as a small business set-aside by the Navy. The protester contended that the awardee: (1) did not comply with the hourly wage rate and benefit provisions of the Service Contract Act of 1965; and (2) was able to underprice other bidders because it did not pay the proper wage rate. The protester also complained that the Navy failed to give advance notice of its intention to award the contract or formal notification of the actual award of the contract. GAO ruled that: (1) the contracting agency is responsible for enforcing contract requirements; and (2) the contracting agency is not required to give advance notice of an award in formally advertised small business set-asides and failure to provide formal notice of the actual contract award is merely a procedural deficiency which does not affect the validity of the award. Accordingly, the protest was dismissed.

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