[Protest of Forest Service Rejection of Bid and Subsequent Contract Award for Tree Seedlings]

B-234107: May 19, 1989

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A firm protested the Forest Service's determination that it was nonresponsible and subsequent contract award under a small business set-aside for transportation of tree seedlings, contending that the Forest Service improperly failed to request an extension of its bid acceptance period so that the Small Business Administration could consider the Forest Service's nonresponsibility determination. GAO held that the Forest Service improperly: (1) permitted the awardee to revive its bid and extend its bid acceptance period after its bid had expired; and (2) awarded the contract to a bidder whose bid had expired. Accordingly, the protest was sustained, and GAO recommended that the Forest Service reimburse the protester for its bid and protest preparation costs.

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