[Protest of AID Contract Award for Freight Forwarding Services]

B-246736,B-246736.2,B-246736.3: May 13, 1992

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A firm protested an Agency for International Development (AID) contract award for freight forwarding services, contending that: (1) AID improperly made award based on initial bids; (2) allowed the awardee to modify its bid without conducting discussions with other bidders; and (3) the awardee's proposed subcontractor violated provisions regarding foreign government representation. GAO held that: (1) AID unreasonably concluded that the other bidders could not make their bids technically equal to the awardee's without substantial revisions; (2) AID improperly allowed the awardee to materially revise its bid without providing that opportunity to the other bidders; and (3) the subcontractor's compliance with foreign government representation provisions concerned contract administration, which it would not consider. Accordingly, the protests were dismissed in part and sustained in part, and GAO recommended that AID: (1) reopen the procurement and hold discussions with all bidders in the competitive range; and (2) reimburse the protester for its protest costs.