Protest Against Improper Award of Contract

The protester objected to the award of a contract, alleging that the contract included an unpriced portion although the request for proposals required a fixed price for the item. The award to an offerer who failed to quote a fixed price for certain testing as required by the solicitation was improper for that reason. However, the award was not disturbed since the defect was not prejudicial to the protester whose proposal was properly determined to be technically unacceptable; termination costs would have been significant; the defect had been corrected by contract modification; and the total contract price was still significantly lower than the price offered by the only acceptable offerer.