[Protest of FHwA Cost-Type Contract Award for Research Study Related to Highway Air Pollution]

Two firms protested a Federal Highway Administration (FHwA) contract award for a highway air pollution research study. The first protester contended that FHwA improperly evaluated both its and the awardee's technical proposals because FHwA permitted the awardee to lease certain contracting equipment rather than requiring ownership of the equipment. The second protester argued that: (1) FHwA improperly evaluated the awardee's proposal; and (2) the procurement was biased. GAO held that: (1) FHwA was not obligated to require bidders to own the equipment; (2) the protester did not show that the evaluation was unreasonable or that the procurement was biased; and (3) considering the small difference in cost between the second protester's bid and the awardee's, and in view of the awardee's technical superiority, FHwA properly awarded the contract to the awardee. Accordingly, the protests were denied.