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[Protest of Air Force Contract Award for Multiplexers]

B-220069 Published: Dec 12, 1985. Publicly Released: Dec 12, 1985.
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Highlights

A firm protested an Air Force contract award, contending that: (1) the award was improper because the Air Force failed to give it the opportunity to verify its best and final cost proposal; and (2) it was entitled to award as the low evaluated life-cycle cost offerer. The solicitation required that various pricing tables be used for evaluating the proposals in accordance with the government's life-cycle cost evaluation model and as a basis for verifying that all items necessary to meet the requirements appeared in the pricing tables as required. The Air Force concluded that the protester's cost summaries had been erroneously calculated but that it was not a sufficient reason to reopen discussions. Regulations state that, when award is made without discussions, the contracting officer must advise the offerer of a suspected error and request verification. GAO found that the mistake the protester made was not an informality or irregularity or apparent mistake within the meaning of the regulations, because it had a material effect on price and any correction would displace another offerer. GAO also found that the alleged mistake was not apparent in the protester's initial proposal but only arose in its best and final offer after discussions had been concluded; therefore, there was no legal support for the allegation that the Air Force acted improperly by not reopening discussions. Accordingly, the protest was denied.

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Air Force procurementBest and final offersBid errorsBid evaluation protestsContract award protestsFirm fixed price contractsLife cycle costsQuestionable procurement chargesU.S. Air Force