[Protest of MSHA Rejection of Bid for Fitness/Wellness Services]

B-286488: Jan 17, 2001

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A firm protested the Mine Safety and Health Administration's (MSHA) refusal to accept its modified bid for fitness/wellness services, contending that if its bid contained a mistake that could not be corrected, then MSHA should have also rejected the awardee's bid, because it contained the same mistake. GAO held that while the protester's bid was properly rejected for containing a mistake that was not susceptible to correction, MSHA should also have rejected the awardee's bid for the same reason. Accordingly, the protest was denied in part and sustained in part, and GAO recommended that MSHA (1) terminate the awardee's contract and make award to the next low responsible bidder, if otherwise appropriate and (2) reimburse the protester for the reasonable costs of filing and pursuing that aspect of its protest that was sustained.