[Request for Reconsideration of Decision Sustaining Protest Against Navy Contract Award]

B-225474.2,B-225474.3,B-225474.4: Apr 9, 1987

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The Navy and two firms requested reconsideration of one firm's sustained protest against a Navy contract award for overhaul services to the second firm. GAO had: (1) held that the Navy improperly accepted the awardee's late bid modification, which took exception to the material terms of the solicitation; and (2) recommended that the Navy terminate the contract and reopen discussions. The Navy and the awardee contended that new evidence demonstrated that the awardee timely withdrew the material deficiencies from its bid, while the protester argued that reopening discussions would give the awardee an unfair opportunity to retain the contract. GAO held that: (1) the awardee's submission of a document stating order of precedence did not effectively remove the unacceptable terms of its proposal, since the Navy still found it necessary to secure a withdrawal of the unacceptable terms from the awardee's bid; (2) the fact that numerous discussions took place between the Navy and the awardee after bid opening was further evidence that the award was improper; and (3) reopened discussions would provide the maximum degree of fairness to all offerers. Accordingly, the original decision was affirmed.

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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