[Protest of DNA Contract Award for Dismantlement and Elimination of ICBM Silos]

B-270703: Apr 11, 1996

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A firm protested a Defense Nuclear Agency (DNA) contract award for the dismantlement and elimination of intercontinental ballistic missile silos, contending that DNA improperly based its source selection decision on a misreading of the proposals. GAO held that: (1) DNA unreasonably determined that the protester's and awardee's subcontracting approaches differed significantly; (2) the awardee did not commit to using specific subcontractors or equipment; and (3) DNA failed to treat the bidders equally during discussions, since it failed to advise the protester of its concerns regarding equipment availability. Accordingly, the protest was sustained, and GAO recommended that DNA: (1) reevaluate the bids; (2) terminate the awardee's contract if it determines that another bid is more advantageous; and (3) reimburse the protester for its protest costs.