[Protest of Navy Contract Award]
Highlights
A firm protested a Navy contract award for mess attendant services, contending that the manning specifications were defective because they were taken from the protester's previous contract, although the new solicitation required more work, and because the awardee would not be able to perform satisfactorily at its bid price. Bid protest procedures require that protests based on alleged improprieties in a solicitation which are apparent prior to bid opening be filed before the bid opening date. However, this protest was received almost 3 months after bid opening and, therefore, was untimely filed. Regarding the allegation that the awardee could not perform at its low price, GAO stated that the submission of a below-cost bid alone provides no basis to disturb an award and whether an awardee will fulfill its contractual obligations is a matter of contract administration and not a matter for consideration under GAO bid protest procedures. Accordingly, the protest was dismissed.