[Protest of Navy Contract Award for Building Repairs]

B-241741: Feb 1, 1991

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A firm protested any Navy contract award for building repairs, contending that the: (1) Navy improperly set the procurement aside for small disadvantaged businesses (SDB); (2) only eligible bidder was not technically and financially capable of performing the contract; (3) Navy advised that the procurement would be unrestricted if it did not receive sufficient SDB interest; and (4) Navy should reimburse it for its bid and protest preparation costs. GAO held that the protester: (1) untimely filed after bid opening its protest regarding the SDB restriction; (2) failed to show that the Navy fraudulently or in bad faith determined that the eligible bidder was responsible; and (3) improperly relied on alleged oral advice regarding the restrictive procurement. Accordingly, the protest was dismissed, and the claim was denied.