[Protest of Army Contract Award for Boat Cradles]

A firm protested an Army multiyear contract award for boat cradles, contending that the awardee had failed to follow solicitation requirements regarding level pricing. GAO has held that, where a bidder fails to level price its bid, the determinative issue is whether this deviation prejudiced other bidders. GAO found that, although the awardee's bid was unlevel, it was responsive because the second low bidder, the protester, could not become the low bidder even if the awardee were to level its bid. Therefore, GAO found that the Army acted properly in accepting the awardee's unlevel bid. Accordingly, the protest was denied.