[Request for Reconsideration of Dismissal of Protest Against BIA Contract Award]

B-225440.2: Mar 30, 1987

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A firm requested reconsideration of the dismissal of its protests against a Bureau of Indian Affairs (BIA) contract award for transformers, contending that multiple awards by line item would have resulted in the lowest overall cost to BIA. GAO had dismissed the protest because the protester untimely filed it more than 10 working days after BIA denied an agency-level protest. Upon reconsideration, GAO determined that the protest raised a significant issue. GAO held that: (1) BIA acted improperly and inconsistently with the governing statutes by awarding a single contract, since the solicitation permitted the award of multiple contracts, which would have resulted in the lowest cost; and (2) the protester was entitled to reimbursement for its bid and protest preparation costs, since it would have been the awardee had BIA properly evaluated bids. Accordingly, the protest was sustained.