[Protest of Navy Contract Award for Surveillance System]

B-217232: Mar 6, 1985

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A firm protested a contract award to another firm under a Navy solicitation, contending that: (1) it should have received the award because it was the only bidder to submit a technical proposal under the negotiated procurement; (2) certain components supplied by the awardee were not in conformance with the terms of the solicitation; and (3) the solicitation's delivery terms were unfair. GAO held that: (1) the solicitation did not require the submission or evaluation of technical proposals, nor were technical proposals required merely because the solicitation contemplated a negotiated procurement; (2) whether the awardee supplied nonconforming products was a matter of contract administration which GAO would not consider; and (3) the portion of the protest relating to the delivery terms was untimely filed because it was not received by GAO before bid opening. Accordingly, the protest was denied in part and dismissed in part.