[Request for Reconsideration of Protest of MARAD Contract Award for Layberthing Services]
B-256164.2,B-256164.3: Jan 18, 1995
- Full Report:
A firm requested reconsideration of a sustained protest of a Maritime Administration (MARAD) contract award for layberthing services. GAO had held that the awardee's bid was nonresponsive and MARAD should make award to the protester. MARAD subsequently cancelled the solicitation, since it no longer required the services. The protester protested the solicitation's cancellation, contending that: (1) MARAD acted in bad faith; and (2) it should either receive award as the original decision directed or be declared entitled to its bid preparation costs. GAO held that: (1) there was no evidence that MARAD acted in bad faith in cancelling the solicitation, since the ships for which the services were sought were moved to other ports; and (2) the protester was not entitled to reimbursement for its bid preparation costs, since MARAD properly cancelled the solicitation. In its request for reconsideration, the awardee contended that, in light of the solicitation cancellation, it would be entitled to reimbursement for its costs of participating in the protest if the original decision were reversed. GAO held that: (1) it did not have the authority to award protest costs to the awardee, since it was not the protester; and (2) it would not reconsider its original decision, since the solicitation was cancelled. Accordingly, the protester's claim for bid preparation costs and the awardee's request for reconsideration were denied.