[Protest of NHTSA Contract Awards for Operation of Primary Sampling Units]

B-233085,B-233085.2: Feb 15, 1989

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Two firms protested National Highway Traffic Safety Administration (NHTSA) contract awards to another firm for sampling unit operation, contending that the awardee: (1) violated the Service Contract Act's employee pension plan requirements; (2) did not submit separate proposals for each site as the solicitation required; (3) did not meet the solicitation's stable-work-force requirement; (4) understated its costs; and (5) was not responsible. GAO held that: (1) the protesters untimely protested after bid opening regarding the agency's failure to apply the Service Contract Act; (2) the awardee submitted a separate proposal for each site, and its multiple-site discounts did not prejudice other bidders; (3) the awardee reasonably demonstrated the adequacy of its personnel commitments; (4) the NHTSA cost-realism evaluation was reasonable; and (5) it would not review the NHTSA affirmative determination of the awardee's responsibility absent a showing that it acted fraudulently or in bad faith or failed to apply definitive responsibility criteria. Accordingly, the protest was denied in part and dismissed in part.

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