[Protest of Air Force Contract Award for Hardness Evaluation System]
Highlights
A firm protested an Air Force contract award for a hardness evaluation system, contending that the: (1) awardee's bid was unreasonably low; (2) Air Force's failure to require the awardee to submit certified cost and pricing data allowed the awardee an unfair competitive advantage; (3) awardee would not provide certain commercial software on an unrestricted basis; and (4) Air Force failed to suspend contract performance upon receiving its protest. GAO held that the: (1) awardee bore the risk of its low bid if performance costs exceeded the fixed contract price; (2) protester failed to show that the Air Force acted in bad faith in determining the awardee's responsibility; (3) awardee's ability to meet contract requirements concerned contract administration; (4) Air Force did not have to require the awardee to submit cost or pricing data, since it obtained adequate price competition; and (5) protester did not file its protest in time to require the Air Force to suspend contract performance. Accordingly, the protest was denied.