Protest against the Award of a Contract for Construction of a Retrofuel Facility Steam Plant

The protester objected to the award of a construction contract on the basis that the low bidder's proposal should have been rejected because it contained irregularities. The awardee's bid complied with the spirit and purpose of the solicitation in listing subcontractors. It is the agency's responsibility to determine the responsibility of subcontractors. The prime contractor may list a wholly owned subsidiary if the record indicates that the subsidiary is not being used to disguise bid shopping through sub-subcontractors. Where the solicitation required a subcontractor listing for a work category which should have been omitted, failure to list the proposed subcontractor may be waived.