[Request for Reconsideration of Successful Protest Against DGSC Contract Award]

B-235431.4,B-235431.5,B-235431.6: Jan 29, 1990

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Two firms and the Defense Logistics Agency (DLA) requested reconsideration of a GAO decision to: (1) sustain a contract award protest under a DLA solicitation for solid fuel bars; and (2) recommend that DLA suspend the awardee's contract performance, terminate the contract, and resolicit. In its request for reconsideration, the protester requested that GAO terminate the awardee's contract and award it the contract without resolicitation, since it alleged that the awardee's bid was nonresponsive. In its request for reconsideration, the awardee contended that the protester untimely protested after bid opening, since alleged specification ambiguities were apparent prior to bid opening. In its request for reconsideration, DLA requested that GAO modify its recommendation that DLA terminate and resolicit the contract, since: (1) it urgently needed the required product; and (2) it would incur unreasonable termination costs. GAO held that: (1) it was not feasible to terminate the contract and resolicit, given the cost and the urgent need for the product; (2) it would not review the awardee's arguments, given its decision not to terminate the contract; and (3) the protester was entitled to reimbursement for its bid and protest preparation costs. Accordingly, the original decision was modified.