[Protest of Navy Contract Award for Satellite Communications System Training Device]

B-253098.4,B-253098.5: Oct 27, 1993

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Two firms protested a Navy contract award for a satellite communications system training device, contending that the Navy: (1) improperly held discussions with the awardee after the submission of best-and-final offers (BAFO); (2) failed to hold discussions with other bidders in the competitive range; and (3) unreasonably evaluated technical bids. GAO held that the: (1) Navy improperly held discussions with the awardee; (2) awardee's BAFO did not conform to a material solicitation specification and could only be corrected through discussions; (3) Navy did not treat all bidders equally and failed to hold additional discussions; and (4) Navy reasonably evaluated the protesters' technical bids. Accordingly, the protests were sustained and GAO recommended that the Navy: (1) reopen discussions with all bidders in the competitive range and request new BAFO; (2) terminate the awardee's contract if its bid is not the most advantageous to the government; (3) make award to the most advantageous bidder; and (4) reimburse the protesters for their protest costs.

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