[Protest of Proposed Sole-Source Navy Contract Award]

A firm protested a proposed Navy sole-source contract award for depot repair services and logistical support communications systems, contending that it was capable of providing the requisite services, and requesting that the Navy either make government-furnished equipment available to it or reissue the solicitation on a competitive basis. The contracting officer had informed the protester that government-furnished equipment was not available because the incumbent contractor was using the equipment to perform other government contracts and that concurrent use by more than one contractor would have an adverse impact on several vital programs. Nevertheless, the Navy conducted a preaward survey of the protester resulting in a negative recommendation on the grounds that it could not perform the contract because it lacked the government-furnished equipment listed in the solicitation. After receiving the Small Business Administration's (SBA) denial of its request for a certificate of competency, the protester filed with GAO. Since the protester did not file within 10 days of formal notification of adverse agency action, the protest was untimely. GAO will not review an SBA determination of nonresponsibility unless there is a showing of possible fraud or bad faith. Accordingly, the protest was dismissed.