[Protests of U.S. Bankruptcy Court Contract Award for Photocopying Services]

B-254044,B-254044.2: Nov 16, 1993

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Two firms protested an U.S. Bankruptcy Court contract award for photocopying services, contending that the Court: (1) unreasonably evaluated their bids; and (2) should have made award to one of them, since their low bids were the most advantageous to the government. GAO held that: (1) it had jurisdiction to review the award, since the contract benefitted the government and was for the procurement of services; (2) the Court unreasonably evaluated the bids, since its cost analysis did not provide a rational basis for source selection; and (3) the solicitation was materially defective, since it did not provide a basis for comparing bid costs. Accordingly, the protests were sustained and GAO recommended that the Court: (1) revise the solicitation to specify the services upon which bidders should submit costs on a fixed-price basis and its future needs for each service; (2) terminate the awardee's contract if its reevaluation of the bids indicates that the awardee is not the most advantageous bidder; (3) make award to the most advantageous bidder; and (4) reimburse the protesters for their protest costs.

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