[Protest of Army Contract Award for Bar Code Readers/Scanners and Related Equipment]
Highlights
A firm protested an Army contract award for bar code readers and scanners, contending that the Army: (1) improperly evaluated the awardee's proposal on a different basis from the other proposals; (2) changed its requirements without advising the offerers; (3) conducted improper discussions with the awardee after best and final offers; and (4) failed to refer its determination that the protester was nonresponsible to the Small Business Administration under certificate of competency (COC) procedures. GAO held that: (1) the Army informed offerers that its requirements changed through a signed letter, which was as binding as an amendment; (2) it would not disturb the Army's proposal evaluation, absent a showing of unreasonableness or violation of procurement laws; (3) the Army's request for sample equipment, after best and final offers, did not constitute improper discussions since the Army already found that the awardee's proposal satisfied its requirements; and (4) the Army was not required to initiate COC procedures, since it rejected the protester's bid for reasons other than nonresponsibility. Accordingly, the protest was dismissed.