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

B-218306: May 24, 1985

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A firm protested a Navy total small business set-aside contract award after its initial protest alleging prejudice against its bid and its reconsideration request alleging nonresponsibility on the part of the awardee were denied. The protester essentially raised the same issues concerning the review of bidder responsibility determinations and the Navy's improper conduct in allegedly pressuring the protester to increase its bid. The protester also alleged for the first time that: (1) the awardee was a foreign corporation and ineligible to compete with U.S small businesses; (2) the Navy improperly issued specifications for and purchased a foreign product; (3) the awardee submitted false information and omitted certain information from its bid; and (4) because it did not receive a timely preaward notice, it was precluded from a timely protest. GAO has held that: (1) an assertion of ineligibility because of foreign affiliation or offers of foreign products are matters for Small Business Administration review; (2) the Buy American Act does not prohibit or require the disqualification of bidders who offer foreign products; (3) compliance with the specifications is a matter contract administration and not for GAO review; (4) a protest based on solicitation improprieties must be filed prior to the closing date for receipt of proposals or be considered untimely; and (5) allegations of deceptive omission of information or submission of false information in a bid concern violations of criminal law and are matters for Department of Justice review. Accordingly, the protest was dismissed.

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