[Protest of Naval Sea Systems Command Contract Award]
Highlights
A firm protested a Naval Sea Systems Command contract award, contending that the awardee submitted a below-cost bid. The protester also questioned the awardee's responsibility and argued that it was not a manufacturer of the product as required by law. GAO held that: (1) there is no legal justification to preclude award to a bidder merely because it submitted a below-cost bid; (2) it does not review questions of bidder responsibility since the contracting agency should have determined the matter before it made the award; and (3) a bidder's manufacturing status should be determined by the contracting agency, and questions should appropriately be referred to the Small Business Administration. GAO will review questions of responsibility only in limited circumstances not applicable here. Accordingly, the protest was dismissed.