[Protest of DPSC Contract Award for Cleanup of Oil-Contaminated Area]
Highlights
A firm protested a Defense Personnel Support Center (DPSC) contract award for the cleanup of an oil-contaminated area, contending that DPSC improperly determined that its bid was higher than the awardee's, even though its bid was lower for all possible combinations of work. The protester also claimed reimbursement for its bid and protest preparation costs. DPSC contended that the protest was untimely filed. The solicitation provided for additive and deductive prices for lesser or greater quantities of work. GAO held that: (1) while the protest was untimely filed, it would consider the protest because the solicitation was so materially defective as to render the matter a significant issue; (2) DPSC calculated bids adding the additive prices to the base prices, then subtracting the deductive prices, but this was improper since it was impossible for there to be both lesser and greater quantities of work than the solicitation initially required; and (3) since the protest was untimely filed, there was no merit to the protester's claim. Accordingly, the protest was sustained and the claim was denied.