[Request for Reconsideration of Dismissed Protest of Army Contract Award for Vaneaxial Fans]

B-232392.2: Dec 12, 1988

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A firm requested reconsideration of its dismissed protest against an Army contract award for helicopter vaneaxial fans. GAO had held that the protester was not sufficiently interested to protest the award, since it did not contest the Army's nonresponsibility determination. In its request for reconsideration, the protester contended that it was unable to protest the Army's determination because the Army failed to provide it a copy of the preaward evaluation report. GAO reversed its original decision, indicating that the protester had in fact protested the Army's nonresponsibility determination. The protester had contended in its initial protest that the: (1) Army should have awarded it the contract as the low bidder; (2) Army's determination of its delinquency rate under prior contracts was erroneous; (3) awardee was not listed as an approved source for the required equipment; and (4) Army improperly found the awardee responsible based on an inadequate preaward survey. GAO held that the: (1) protester failed to show that the Army's nonresponsibility determination was unreasonable; (2) Army reasonably found the protester nonresponsible based on its evaluation of the protester's performance record; (3) Army approved the awardee as an additional source after the solicitation was issued; and (4) protester failed to show that the Army made its affirmative determination of the awardee's responsibility fraudulently or in bad faith, or that it failed to apply definitive responsibility criteria. Accordingly, the protest was denied in part and dismissed in part.

Oct 29, 2020

Oct 28, 2020

Oct 27, 2020

  • Silver Investments, Inc.
    We dismiss the protest as untimely because it was filed more than 10 days after the protester knew, or should have known, the basis for its protest.

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