[Protest of Army Requirements Contract Award]
Highlights
A firm protested an Army contract award, contending that the Army's cost estimate was incorrect. GAO noted that, while the protest was pending, the Army admitted that it had made a mistake in the calculation and that it would cancel the contract and resolicit for the requirements. GAO held that the Army's decision rendered the protest moot. GAO also held that the portion of the protest that was concerned with the prior year procurement, which had not been protested until this time, was untimely. The protester's timely argument claimed bid preparation costs in view of the Army's mistake; however, GAO refused the request for reimbursement because the error had not been arbitrary or capricious, but merely a result of negligence which does not warrant payment of such a claim. Accordingly, the claim for bid preparation costs was denied.