[Request for Reconsideration of Dismissal of Protest of Army Contract Award]
B-224256.2: Feb 24, 1987
- Full Report:
A firm requested reconsideration of the dismissal of its protest of an Army contract award for medical monitoring equipment. GAO noted that the protest was untimely because the protester failed to file an agency-level protest with the Army within 10 days after it became aware of the basis for protest; however, new evidence established that the Army received the protest before the deadline. GAO held that: (1) since the protester's agency-level protest was timely, its subsequent protest had merit; (2) the contract award was improper because the awardee's offer failed to meet the solicitation's essential compatibility requirement; (3) the Army should have amended the solicitation so that all offerers had an equal opportunity to compete; and (4) the protester was entitled to recover its proposal preparation costs, since the Army unreasonably excluded it from competition. Accordingly, the protest was sustained.