B-212040.3: Oct 12, 1983

A firm protested the alleged failure of a National Institutes of Health (NIH) bid opening officer to accept and consider its bid and requested that it be awarded bid preparation costs. NIH reported that three bids, including the protester's, were received 1 minute after the bid opening time and that it returned the protester's bid at the protester's request. NIH subsequently determined that its cl...

B-212040.3: Oct 12, 1983

GAO WILL NOT DISTURB CONTRACT AWARD EVEN THOUGH CONTRACTING OFFICER FAILED TO COMPLY WITH PROCUREMENT REGULATION REQUIRING AGENCY TO RETAIN LATE BID UNTIL AFTER AWARD. WHERE THERE IS AN IRRECONCILABLE CONFLICT BETWEEN A PROTESTER AND AN AGENCY IN A FACTUAL MATTER. THE PROTESTER HAS FAILED TO MEET ITS BURDEN OF PROOF AND THE AGENCY'S POSITION WILL BE ACCEPTED. 3. CLAIM FOR BID PREPARATION COSTS IS...