[Protest of Navy Contract Award for Software Development and Technical Support]

B-251280: Mar 19, 1993

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A firm protested a Navy contract award for software development and technical support, contending that the Navy: (1) improperly rejected its bid as technically unacceptable and failed to refer its bid to the Small Business Administration (SBA) for a certificate-of-competency determination; (2) failed to apply the small-disadvantaged-business preference factor to the awardee's bid; and (3) acted in bad faith, since it failed to issue the required preaward notice. GAO held that the: (1) Navy was not required to refer the protester's bid to SBA, since its bid was technically unacceptable for factors not related to its responsibility; (2) Navy's failure to apply the small business preference to the awardee's bid was academic, since the awardee was the only technically acceptable bidder; and (3) protester failed to show any evidence of bad faith, since the untimeliness of the preaward notice was merely a procedural defect. Accordingly, the protest was denied.