[Protest Against AID Contract Award for Rural Health Delivery System]

B-227848.3,B-227848.4: Oct 19, 1987

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Two firms protested an Agency for International Development (AID) contract award to another firm for a rural health delivery system. Both protesters contended that the AID cost evaluations were improper, since the awardee was not the low bidder. The first protester also contended that AID conducted discussions with the awardee but not with the other offerers in the competitive range. The second protester contended that AID should have awarded it the contract, since its proposal was technically superior. GAO held that: (1) AID properly based its evaluation on cost, since the awardee's and the second protester's proposal were technically equal; (2) the second protester untimely filed after bid opening the portion of its protest concerning best and final offers (BAFO); (3) AID was not required to hold discussions of all deficiencies it found in the first protester's proposal; and (4) the discussions AID conducted with the awardee after it received BAFO addressed minor provisions unrelated to the bid evaluations. Accordingly, the protests were denied in part and dismissed in part.

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