[Protest of DOE Rejection of Proposals]

B-216076: Jan 24, 1985

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A firm protested the rejection of its proposals under a solicitation for nuclear waste transportation issued by a Department of Energy (DOE) operating contractor. The protester contended that: (1) its proposals were improperly rejected on the basis of criteria not stated in the request for proposals (RFP); (2) actions by DOE and the operating contractor demonstrated that the awardee was preselected; (3) time and safety factors were not considered during proposal evaluation; (4) the award was contrary to the RFP radiation level requirements; and (5) the awardee lacked the financial and production capabilities to perform the contract. GAO found that the procurement was governed by the contract between DOE and the prime contractor, not by the Federal Acquisition Regulation. GAO held that: (1) assuming the validity of the allegation that its offer should have been considered technically acceptable, the protester was not prejudiced by the award, since it was not the low offerer; (2) the allegation that the awardee was preselected was not supported by the record; (3) the protester did not meet its burden of proving its allegation that the technical evaluation was improper; and (4) it will review affirmative determinations of responsibility under limited circumstances not present here. Accordingly, the protest was denied in part and dismissed in part.

Mar 22, 2018

Mar 20, 2018

Mar 19, 2018

  • Ampcus, Inc.
    We deny the protest.
  • AMAR Health IT, LLC
    We dismiss the protest because our Office does not have jurisdiction to entertain protests of task orders issued under civilian agency multiple-award, indefinite-delivery, indefinite-quantity (IDIQ) contracts that are valued at less than $10 million.
  • Centurum, Inc.--Costs
    We grant the request.

Mar 15, 2018

  • ORBIS Sibro, Inc.
    We sustain the protest in part and deny it in part.

Mar 14, 2018

Mar 13, 2018

  • Interoperability Clearinghouse
    We dismiss the protest because the protester, a not-for-profit entity, is not an interested party to challenge this sole-source award to an Alaska Native Corporation under the Small Business Administration's (SBA) 8(a) program.

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