[Request for Reconsideration of Decision Dismissing Protest of Proposed Army Contract Award]

B-217231.2: May 30, 1985

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A firm requested reconsideration of a decision which dismissed as untimely its protest of an Army contract award. The protest was dismissed because it was filed more than 10 working days after the protester was notified of adverse agency action; however, the Army and the protester reported that an error in the protest resulted in the use of an incorrect date of notice and, therefore, GAO found that the protest was timely filed. Although the award had been made to the highest technically rated bidder, the protester contended that its bid provided a greater value to the government in both the technical and cost areas. GAO found that the Army conducted an accurate cost comparison, and the record showed that the awardee's proposal received a significantly higher technical score, which more than offset the price difference between the two proposals. Therefore, GAO concluded that the Army's evaluation had a reasonable basis and was in conformity with the evaluation provisions of the solicitation. GAO also found that the protester failed to support an allegation of gross negligence or questionable intent on the part of the Army evaluation officials. Accordingly, the protest was denied. Both the protester and another firm claimed proposal preparation costs in connection with this procurement, but since GAO found no evidence that the Army acted improperly, there was no basis on which to grant either claim.

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