[Protests of DOT Decision To Rescind Contract Award and Resolicit Requirement]
B-278276.11,B-278276.12,B-278276.13,B-278276.14: Sep 22, 1998
- Full Report:
Four firms protested a Department of Transportation, Maritime Administration (MARAD), decision to rescind contracts previously awarded, amend its solicitation, reopen negotiations, and evaluate best and final offers submitted in response to the solicitation, contending that: (1) a reevaluation or recompetition need only involve those original bidders encompassed by the improper awards; and (2) since the bidders were informed of the awardees' prices during MARAD's debriefings, rescinding the original awards and reopening the competition would foster an improper auction. GAO held that: (1) MARAD reasonably concluded that the corrective action, was appropriate and not overboard; (2) the corrective action was necessary to resolve the improper award and the serious doubts about the validity of the best value determination; and (3) MARAD's corrective action was not improper and would not constitute an improper auction. Accordingly, the protests were denied.