Skip to main content

[Request for Reconsideration of Dismissal of Protest Against Subcontract Award]

B-222936.2 Published: May 28, 1986. Publicly Released: May 28, 1986.
Jump To:
Skip to Highlights

Highlights

A firm requested reconsideration of its dismissed protest against a Navy subcontract award. The protester had contended that the award was improper because the awardee's product did not conform to the terms and conditions of the solicitation. GAO had dismissed the protest because it will not consider protests concerning a subcontractor selection unless the selection is made by or for the government. In its request for reconsideration, the protester contended that the procurement was for the government because the Navy would use the product in its aircraft. GAO held that: (1) subcontracts for the government are those which prime contractors award on behalf of the government; (2) it will only review subcontractor awards where the prime contractor principally provides large-scale services to the government and has an ongoing purchasing responsibility as a conduit between the government and the subcontractor; and (3) the fact that the government would ultimately use the product was insufficient to invoke its jurisdiction. Accordingly, the dismissal was affirmed.

Office of Public Affairs

Topics

Bid protest reconsiderationsBid protest regulationsBid responsivenessJurisdictional authorityNaval procurementSubcontract award protestsSubcontractorsBid evaluation protestsProcurementU.S. NavySubcontractsPrime contractorsProtestsIntellectual property rightsBid proposalsSolicitationsConstruction