[Protest of Navy Reprocurement of Phase Shifters]

B-243304: Jun 25, 1991

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A firm protested the Navy's reprocurement of phase shifters, contending that the Navy improperly: (1) reopened the solicitation to admit the awardee; (2) terminated its contract; and (3) excluded it as an available source for the reprocurement. GAO held that the: (1) protester untimely filed after bid opening its protest regarding solicitation improprieties; (2) propriety of the Navy's decision to terminate a contract for default was a matter for the board of contract appeals, which it would not consider; and (3) Navy reasonably made award to the second low bidder, since it was a proven alternative source on a previous contract. Accordingly, the protest was dismissed in part and denied in part.