[Protest of MSC Contract Award for Ship Repairs]

B-218653: Aug 14, 1985

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A firm protested the Military Sealift Command's (MSC) award of a contract to another firm for ship overhaul and repair, alleging that the awardee's bid was nonresponsive. MSC stated that, since the protester's bid was nonresponsive, it was not eligible for award and was, therefore, not an interested protester. GAO decided to consider the protest because the protester was, in essence, seeking equal treatment in alleging that the awardee's bid contained the same defect that caused its bid to be rejected. GAO found that the awardee had failed to submit a clearly required item price, thereby requiring rejection of its bid as nonresponsive. Since GAO also found the protester's bid to be nonresponsive and ineligible for award, GAO concluded that the protester had not been unreasonably excluded from the competition. Accordingly, the protest was sustained, but no remedial action was recommended since the contract work had already been performed, and the protester's claims for bid preparation costs and protest filing costs was denied.

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