[Protest Against Bonneville Power Administration Solicitation for Transmission Line Construction]
Highlights
A firm protested the Bonneville Power Administration's (BPA) use of allegedly improper prequalification procedures under a solicitation for transmission line construction, contending that the procedures: (1) unduly restricted competition; and (2) denied its right as a small business to protect against a negative responsibility determination. BPA contended that GAO did not have jurisdiction to decide the protest. GAO held that BPA: (1) was a federal agency subject to its bid protest jurisdiction under the Competition in Contracting Act; (2) reasonably determined that the protester did not have the capability or experience to perform the contract; and (3) properly decided not to refer nonresponsibility determinations to the Small Business Administration, since the procurement was critical. Accordingly, the protest was denied.