[Protest of MSC Contract Award for Refrigerated Cargo Containers]

B-243228: Jul 11, 1991

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A firm protested a Military Sealift Command (MSC) contract award for refrigerated cargo containers, contending that MSC was biased in favor of the awardee, since it: (1) amended technical specifications after receiving initial bids; (2) requested information regarding potential bidders; (3) relaxed the awardee's delivery terms; and (4) failed to apply a Buy American Act evaluation preference which would have rendered its bid low. GAO held that: (1) MSC properly changed its specifications to meet its minimum needs and increase competition; (2) MSC properly sought information on other potential bidders to maximize competition; (3) MSC corrected an unintentional error that resulted in relaxed delivery terms; and (4) the protester was not sufficiently interested to challenge MSC failure to apply the evaluation preference, since MSC reasonably rejected the protester's bid as technically unacceptable. Accordingly, the protest was dismissed.

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