[Protest of AID Contract Award for Wastewater Services]

A firm protested an Agency for International Development (AID) contract award for wastewater services, contending that AID: (1) conducted discussions in a manner which unreasonably favored the awardee; (2) applied unstated evaluation criteria; and (3) improperly awarded the contract to the awardee. GAO held that AID: (1) held improper discussions with the awardee; (2) failed to treat the bidders equally during discussions, since it failed to advise the protester of its concerns regarding staffing levels; and (3) improperly allowed only the awardee to submit multiple revisions of its proposal. Accordingly, GAO sustained the protest, and GAO recommended that AID: (1) reopen negotiations, conduct meaningful discussions with both bidders, request final revised proposals, and evaluate those proposals consistent with the stated solicitation requirements; (2) terminate the awardee's contract and make award to the protester, if otherwise appropriate; and (3) reimburse the protester for its protest costs.