[Protest of Air Force Contract Award for Repair and Upgrade of Lighting Fixtures]

B-235635: Sep 26, 1989

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A firm protested a Navy contract award for repair and upgrade of lighting fixtures, contending that the Navy should have rejected the awardee's bid as nonresponsive, since it failed to acknowledge a material solicitation amendment. GAO held that the Navy improperly allowed the awardee to acknowledge an amendment after bid opening, since the amendment had a material impact on the awardee's performance cost. Accordingly, the protest was sustained, and GAO recommended that the Navy: (1) terminate the contract; (2) make award to the protester, if otherwise appropriate; and (3) reimburse the protester for its protest costs.