Protester's Contention That Award Was Improperly Made

B-205122: Mar 19, 1982

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A firm protested the award of a contract for facility work by the U.S. Army Contracting Agency in Europe. The protester argued that: (1) it submitted the low offer and should have received the award; (2) the contract was substantially modified after the award; (3) the currency conversion rate for the date of receipt was incorrect; and (4) the Army incorrectly calculated the appropriations portion of the award. The request for proposals asked that all offers be submitted in Deutsche marks (DM). The awardee complied with this request, but the protester submitted its bid in U.S. dollars. This made it necessary for the Army to convert that amount to show its DM equivalency. The record clearly showed that on the date set for receipt of the offer, the correct conversion rate was used to evaluate the protester's offer. GAO found the protester's contention to be academic since its bid would not have been low even if the Army had applied the alternative conversion rate it suggested. The protester's contention that the award was not made to the low bidder was found to be without merit since the Army properly considered a prompt payment discount in its evaluation of offers, and on that basis the awardee was low. The fact that the Army made an administrative error in computing the appropriation rate did not alter the contract price, nor did it obligate the contractor to pay that amount. The protester's allegation of improprieties subsequent to the award was without supporting evidence and did not satisfy the protester's burden of affirmatively proving its case. Accordingly, the protest was denied.

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