[Protest of DSS Army Contract Award]
B-213661: Jun 22, 1984
- Full Report:
A firm protested a contract award to another firm under an Army solicitation, contending that the Army: (1) improperly rejected the protester's technical proposal under the negotiated procurement; and (2) allowed certain procedural irregularities, to the prejudice of the protester. The Army excluded the protester's proposal from the competitive range after determining that discussions could not remedy deficiencies in the proposal. The protester argued that the deficiencies were minor and correctible by discussions. GAO held that the Army improperly excluded the proposal from the competitive range because: (1) the deficiencies were minor and could have been remedied by discussions; and (2) the exclusion of the proposal left only one proposal in the competitive range. Accordingly, the protest was sustained. GAO recommended that the Army: (1) not exercise any options under the contract; (2) resolicit any requirements not yet fulfilled under the awarded contract; and (3) pay the protester proposal preparation costs upon submission of a substantiated claim for such costs.