[Protest of Army Contract Award]

B-208439: Jan 31, 1983

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A firm protested the award of a contract under a request for quotations (RFQ) issued for the logistics support portion of an Army program. The protester contended that: (1) a prior contract between the Army and the awardee created an organizational conflict of interest and an unfair competitive advantage in favor of the awardee; and (2) a special provision which was not included in the RFQ should not have been included in the contract subsequently entered into by the Army and the awardee. The Army asserted that the protester's contentions regarding a conflict of interest and an unfair competitive advantage were untimely and that it was not required to equalize competition where one offeror's circumstances gave it a competitive advantage. GAO found that: (1) the protest alleging an unfair competitive advantage and a conflict of interest with respect to the awardee was timely filed; (2) there was no basis for concluding that any advantage gained by the awardee from its prior contract with the Army was the result of preference or unfair action by the Army; (3) the awardee's prior contract with the Army did not create an organizational conflict of interest; and (4) the protester failed to show that inclusion of the special provision in the contract was improper. Accordingly, the protest was denied.

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