B-242662, Jan 28, 1991, 90-2 CPD 78

B-242662: Jan 28, 1991

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PROCUREMENT - Bid Protests - Allegation substantiation - Lacking - GAO review DIGEST: Protest that agency failed to properly notify protester of award of a contract under request for proposals for security guard services is dismissed as not stating a basis for protest. Inc. protests that it was not properly notified of the award of a contract to another firm under request for proposals (RFP) No. We summarily dismiss the protest without obtaining a full agency report because it is clear that the protest does not state a valid basis. Complains that it was not properly notified that an award had been made and only learned of the award through the Aeronautical Center's newsletter. That the article in the Center's newsletter was erroneous.

B-242662, Jan 28, 1991, 90-2 CPD 78

PROCUREMENT - Bid Protests - Allegation substantiation - Lacking - GAO review DIGEST: Protest that agency failed to properly notify protester of award of a contract under request for proposals for security guard services is dismissed as not stating a basis for protest.

Attorneys

Trover's Security Service, Inc.:

Trover's Security Service, Inc. protests that it was not properly notified of the award of a contract to another firm under request for proposals (RFP) No. DTFA-02-90-R-00901, issued by the Federal Aviation Administration (FAA), Department of Transportation, for security guard services at the Mike Monroney Aeronautical Center in Oklahoma City, Oklahoma.

We summarily dismiss the protest without obtaining a full agency report because it is clear that the protest does not state a valid basis. Bid Protest Regulations, 4 C.F.R. Sec. 21.3(m) (1990).

Trover, the incumbent contractor, complains that it was not properly notified that an award had been made and only learned of the award through the Aeronautical Center's newsletter. The FAA informed us, however, that while it has made a selection, no actual award has yet been made, and that the article in the Center's newsletter was erroneous.

While the award has not yet been made, even if it had, we generally will not consider a protest by an unsuccessful offeror that it was not properly notified of award. An agency's failure to properly notify unsuccessful offerors is only procedural in nature and does not effect the validity of the award or provide a basis upon which to sustain a protest. Norden Serv. Co., B-235526, Aug. 22, 1989, 89-2 CPD Para. 167.

The protest is dismissed.

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