[Protests of Navy Service Contract Awards]

B-221230.3,B-221249,B-221250: Mar 11, 1986

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A firm protested Navy contract awards to three other firms for services, contending that: (1) the Navy failed to follow the stated evaluation criteria, as evidenced by its failure to award a contract to the protester, the highest-ranked technical offerer; (2) the awardees entered into arrangements with other firms that violated statutory requirements for full and open competition; and (3) the Navy held discussions under one procurement with the awardee but not with other offerers. GAO held that: (1) the protester did not receive the highest technical score under any of the procurements; (2) the awardees' teaming arrangements did not violate statutory requirements for free competition; (3) it would not consider any allegation that the arrangements violated antitrust provisions because such matters are within the Department of Justice's jurisdiction; (4) supplements to the protest that detailed the protester's allegations were untimely filed; and (5) the Navy improperly held meaningful price discussions with only the awardee under one procurement, to the prejudice of other bidders. Accordingly, the protests were denied in part, dismissed in part, and sustained in part. GAO recommended that the Navy reopen discussions with all offerers under the one procurement and, if appropriate, award a new contract.

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