[Protest of Army Contract Award for Silhouette Targets]

B-237716.2: Apr 3, 1990

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A firm protested an Army contract award for silhouette targets, contending that the: (1) Army erroneously evaluated the awardee's transportation costs; (2) awardee did not qualify as a small business; (3) awardee and another offerer were commonly owned; and (4) Army should have conducted the procurement under advertised, rather than negotiated procedures. GAO held that: (1) while the Army may have miscalculated transportation costs, it relied in good faith on its specialists, and the protester was not prejudiced, since its offer would not have been low even had the Army calculated those costs using the protester's method; (2) the Army reasonably determined, based on a preaward survey, that the awardee qualified as a small business; (3) the common ownership did not create a conflict of interest, since the situation did not prejudice other bidders; and (4) the protester untimely protested after bid opening against an alleged solicitation impropriety. Accordingly, the protest was dismissed in part and denied in part.