[Protest Against Navy Contract Award for Sonars]

B-233108: Oct 27, 1988

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A firm protested a Navy contract award to a foreign firm for side scan sonars, contending that the: (1) Navy should have awarded it the contract, since its bid for the basic requirement was low; (2) Navy should have restricted the procurement to U.S. sources because it involved national defense; and (3) awardee would have to infringe on the protester's proprietary data to comply with contract specifications. GAO held that the: (1) Navy properly awarded the contract on the basis of the awardee's total price, including options; (2) Navy did not violate any law or government regulation in awarding the contract to a foreign firm; and (3) protest concerning the awardee's possible infringement on proprietary data did not provide a valid basis for protest. Accordingly, the protest was dismissed.

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