[Protest of Navy Contract Award for Development of Instructional System]

B-225798: Jun 23, 1987

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A firm protested a Navy contract award for the development of instructional systems, contending that: (1) the Navy failed to evaluate the sea system experience of bidder personnel, as the solicitation required; (2) the proposal evaluation plan was inconsistent and resulted in erroneous technical scores; (3) the awardee would be unable to perform the contract with the employees it proposed; (4) the Navy improperly made award on the basis of price rather than technical merit; (5) the Navy unreasonably excluded certain costs from consideration by amending the solicitation; and (6) it should be reimbursed for its bid and protest preparation costs. GAO held that: (1) the Navy properly applied the solicitation requirement for sea system experience to corporate and not individual experience; (2) the protester was not prejudiced by the scoring plan, since it received the maximum technical score; (3) the awardee's ability to perform was a matter of responsibility, which it could not consider; (4) the Navy properly awarded the contract to the low bidder, since it found the protester and awardee technically equal; (5) the protester untimely protested against the solicitation amendment; and (6) since the protest was without merit, the protester could not recover its bid and protest costs. Accordingly, the protest was denied in part and dismissed in part, and the claim was denied.

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