[Protest of Army Rejection of Bid for Food Testing and Analysis]

B-259822: Apr 20, 1995

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A firm protested the Army's rejection of its bid and subsequent contract award for food testing and analysis, contending that the Army: (1) did not give it sufficient credit as the incumbent contractor; (2) improperly eliminated its bid from the competitive range; (3) failed to hold discussions with it; (4) should have made award to it, since it was the low bidder; and (5) acted in bad faith. GAO held that: (1) the Army reasonably evaluated the protester's bid and considered its incumbency under two related subfactors; (2) the solicitation did not provide a separate experience evaluation factor; (3) the Army was not required to hold discussions with the protester; (4) the Army properly excluded the protester's bid from the competitive range; (5) the protester untimely filed after bid opening its allegations of solicitation improprieties; (6) the Army properly made award to the bidder who offered the best value; and (7) there was no evidence that the Army acted in bad faith or that the protester was prejudiced by any of the Army's actions. Accordingly, the protest was dismissed.

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.
  • Yang Enterprises, Inc.
    We dismiss the protest.

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