[Protest of Navy Rejection of Proposal as Technically Unacceptable]

A firm protested the Navy's rejection of its proposal as technically unacceptable under the first of a two-step, formally advertised procurement for an energy monitoring system. The protester contended that the Navy's evaluation only considered construction specifications and not the capacity of the product to meet performance needs; therefore, it violated the Competition in Contracting Act (CICA) of 1984. GAO found that the initial protest on the specifications was untimely, since any improprieties apparent from the face of the step one solicitation should have been filed before the closing date for receipt of initial proposals, and GAO will not consider it on the merits. The protester's allegation that the Navy's evaluation process violated CICA failed to state a valid basis of protest, because the provisions are not applicable here since they pertain to solicitations issued after March 31, 1985. Accordingly, the protest was dismissed.