Protest Alleging Awardee's Equipment Does Not Comply With Specifications

A firm protested the award of a contract issued by the Navy for a quantity of pipe cutting and end preparation machines used to repair nuclear pipes in submarines. The protester argued that the awardee's machines did not comply with the specifications listed in the invitation for bids, that it was not a responsible bidder, and that the Navy should have been aware of this from past contracts with the awardee. The Navy contended that the protest was not timely since a protest against the responsiveness of a bid should have been filed within 10 days of bid opening. The protest was held timely because it was filed within 10 working days after the protester learned that the Navy had taken a position adverse to the protester; a protester is not charged with knowledge of a basis for protest until the agency conveys its intent on a position adverse to the protester. The protester's allegations of prior difficulties between the Navy and awardee were considered irrelevant to the disposition of the protest since the awardee's bid took no exceptions to the specifications or other requirements of the solicitation and was low in price. Whether the awardee would supply a conforming item under the contract relates to the bidder's responsibility and to matters of contract administration. Such matters are not reviewed by GAO except in circumstances not present in this case. Accordingly, the protest was denied.