[Protest of Army Corps of Engineers Contract Award for Telephone System]

B-232258: Dec 15, 1988

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A firm protested an Army Corps of Engineers contract award for a telephone system, contending that: (1) the Corps improperly determined that its product required a delegation of procurement authority (DPA) from the General Services Administration (GSA); (2) GSA unreasonably denied the DPA request, since its bid was significantly lower than the awardee's; and (3) the awardee was not eligible for award, since it was not a small business and it offered a foreign product. GAO held that the Corps: (1) reasonably determined from the protester's bid that its product required a DPA; and (2) did not restrict the solicitation to small businesses or domestic products. GAO also held that it lacked authority to resolve disputes relating to GSA refusal to issue DPA. Accordingly, the protest was denied.

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