Protest Alleging Improper Evaluation Scheme

B-190632: Aug 9, 1979

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A prior Gao decision sustained a protest and recommended corrective action which included possible reopening of negotiations. In reopening the negotiations the agency issued a solicitation document containing an evaluation scheme wherein all Multiple Award Schedule Contracts (MASC) were to be evaluated on the basis of fiscal year 1979 (FY 79) prices. GAO viewed a complaint received concerning this evaluation scheme as a new protest rather than a request for reconsideration of its prior decision. Nothwithstanding the agency's contention that the protest was untimely, GAO considered it on merits, because the protest questioned the agency's implementation of the corrective action previously recommended by GAO. The agency argued that the evaluation procedure could not result in an award at a higher price than the existing order. GAO pointed out that its prior decision recognized that corrective action might result in additional cost to the agency. The protest was sustained. GAO recommended that the agency limit its evaluation to each of the involved contractors' FY 79 MASC's (including the incumbent's), and make its selection on that basis.