[Protest of Army Contract Award Alleging Improper Selection Basis]

B-214103.2: Oct 2, 1984

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A firm protested the award of a contract under an Army request for proposals (RFP). The protester contended that the Army disregarded the RFP evaluation criteria, which indicated that technical merit would be given the greatest weight in evaluating proposals. Further, the protester argued that cost was an improper basis for selection since a cost-plus-fixed-fee contract was involved. The Army stated that contracting with the awardee was less costly than would have been the case if the protester were selected. GAO found that: (1) the RFP did not state that award would be based solely on technical merit; (2) there was no showing that the contracting activity acted arbitrarily or violated procurement law; and (3) there was no basis for questioning the Army's cost determination. Accordingly, the protest was denied.

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