[Protest of NIEHS Contract Award for Maintenance Services]

A firm protested a National Institute of Environmental Health Services (NIEHS) contract award for equipment maintenance, contending that the awardee submitted a technically noncompliant best and final offer (BAFO) which NIEHS attempted to cure by engaging in improper discussions. GAO held that the award was improper because the awardee's proposal did not conform to material solicitation requirements. Accordingly, the protest was sustained, and GAO recommended that NIEHS: (1) reopen discussions with both bidders, call for another round of BAFOs, and proceed with the source selection process; (2) terminate the awardee's contract and make award to another bidder, if otherwise appropriate; and (3) reimburse the protester for its protest costs.