[Protests of Forest Service Contract Awards for Tree Inventory and Classification]

B-217334: Sep 9, 1985

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A firm protested two Forest Service contract awards. GAO dismissed the protest against the first award because the protester was not an interested party under bid protest procedures. The protester objected to the second contract award, contending that: (1) the awardee's bid was not technically acceptable; and (2) the agency's acceptance of the bid without amending solicitation specifications gave the awardee a competitive advantage. GAO will not disturb an agency's technical proposal evaluation absent a showing that the determination is unreasonable, and GAO found no reason to conclude that the determination was improper. Since a cost analysis showed that the protester was not prejudiced, GAO found that the solicitation specifications did not need amendment. GAO would not question the agency's technical evaluation procedures absent a showing that they were unreasonable or in violation of procurement laws and regulations. The protester also argued that the award was an abuse of small business set-aside subcontracting regulations. GAO found that this question was a matter of bidder responsibility and contract administration which it does not generally review. GAO found: (1) no merit to the protester's contention that the cost analysis was deficient because the contract was a fixed-price contract; (2) no regulation which required the agency to disclose its costs estimates to the protester; and (3) that the protester's best and final offer received a full and fair review. The protester objected to GAO consideration of a late agency report; however, GAO has held that the late delivery of a report is a procedural matter which does not provide a basis for the disregard of the report. Finally, although the protester claimed reimbursement for its proposal preparation costs, such claims are denied where GAO finds no merit to the underlying protest. Accordingly, one protest was dismissed, and the other protest was denied in part and dismissed in part.

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