[Protest of DOE Contract Award for Technical Support Services]

A firm protested a Department of Energy (DOE) contract award for technical support services, contending that: (1) DOE unreasonably adjusted its proposed costs; (2) DOE failed to hold meaningful discussions with it; (3) the awardee misrepresented the availability of its proposed key personnel; (4) DOE was biased in favor of the awardee; (5) the awardee had an unavoidable and unmitigable organizational conflict of interest (OCI); and (6) the awardee's bid did not represent the best value. GAO held that: (1) DOE failed to consider the protester's cost containment measures in its cost realism analysis; (2) DOE failed to conduct meaningful discussions with the protester regarding certain proposed costs and deprived it of the opportunity to explain its costs; (3) there was no evidence that DOE was biased against the protester in favor of the awardee or that the awardee acted in bad faith or intentionally failed to report the unavailability of two key personnel after best-and-final offers; and (4) the protester untimely filed its protest of the awardee's OCI more than 10 days after it knew the basis of protest. Accordingly, the protest was sustained and GAO recommended that DOE: (1) reopen negotiations with all bidders and make a new award decision; (2) terminate the awardee's contract and make award to the protester if warranted; and (3) reimburse the protester for its protest costs.