[Protest of FAA Contract]

A firm protested a Federal Aviation Administration (FAA) contract award to another firm, contending that its offer met the necessary performance qualifications and that a solicitation certification requirement was unnecessary. Bid protest procedures require that protests based on alleged solicitation improprieties be filed prior to bid opening. Since the protest was filed after bid opening, this aspect of the protest was untimely. GAO held that compliance with the certification requirement was a matter of responsibility and that FAA had incorrectly rejected the protester's bid as nonresponsive for lack of certification. However, since the protester had not obtained the certification required by the solicitation 3 months after award, GAO did not recommend corrective action and held that referral to the Small Business Administration for issuance of a Certificate of Competency would be useless. Accordingly, the protest was dismissed in part and denied in part.