Protest of NIH Contract Award

B-196371: Jul 22, 1980

Additional Materials:

Contact:

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

A firm protested the award of a cost-plus-fixed-fee contract under a request for proposals for a mass media campaign as a part of the National High Blood Pressure Education Program. The technical proposals of the awardee and the protester were both deemed acceptable and technically equivalent by the evaluation panel. The awardee apparently submitted a revision to its proposed price during the preaward audit and the contracting officer found the firm's accounting system adequate. The award was made to the awardee based on lowest proposed cost. The agency questioned whether the protest was timely filed. GAO found the protest timely as it was filed within 10 days of receipt of information which it requested. The protester contended that the agency had no basis for concluding that the awardee was financially capable of performing. GAO does not review findings of financial capability, except under certain exceptions not applicable here. The protester maintained that the awardee's offer was nonresponsive and option prices were improper. GAO agreed with the agency that this price omission was not fatal to the awardee's offer. Inquiries made of an offeror do not constitute discussions, as defined in the negotiations context. As both firms submitted revised proposals, no prejudice to the protester was found in the decision. GAO found no merrit in the protester's contention that since a renewal option provision was defective and confusing to the offerors, the procurement itself was defective. GAO found that the agency acted properly in its decision not to competitively solicit the procurement for both option years. GAO found no basis for concluding that the technical evaluations of the proposals were unreasonable or improper, nor did they find any impropriety with one Government agency conferring with another regarding contractor performance. The protest was denied.

Oct 26, 2020

Oct 23, 2020

Oct 22, 2020

Oct 20, 2020

Oct 16, 2020

Looking for more? Browse all our products here