[Protest of DNA Contract Award for Liquid Propellant Incinerators]

B-258636,B-258636.2,B-258636.3: Feb 10, 1995

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Edda Emmanuelli Perez
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A firm protested a Defense Nuclear Agency (DNA) contract award for liquid propellant incinerators, contending that: (1) DNA improperly conducted post-best and final offer (BAFO) discussions with the awardee; (2) the awardee's revised BAFO did not comply with a certain solicitation specification; and (3) it was prejudiced by the post-BAFO discussions. GAO held that: (1) DNA properly reopened discussions with the awardee to address the safety and other problems associated with its bid; (2) DNA reasonably determined that the awardee's bid met all of the solicitation's minimum requirements at the lowest cost; (3) the awardee satisfactorily addressed the safety issues raised during the discussions; and (4) the protester was not prejudiced by DNA failure to reopen discussions with all bidders in the competitive range, since its bid failed to comply with a minimum performance specification and was significantly higher than the awardee's bid. Accordingly, the protest was denied.