[Protest of Army Contract Award for Ocean Terminal Services]

A firm protested an Army contract award for ocean terminal services, contending that the Army: (1) pressured it into including the cost of workmen's overtime compensation insurance in its proposal price; and (2) improperly reopened discussions with all other offerers except it. GAO held that, if discussions are opened with one offerer after receipt of best and final offers, discussions must be conducted with all offerers whose proposals are in the competitive range. GAO found that the Army prejudiced the protester by failing to afford it an equal opportunity to revise its best and final offer when it reopened discussions with the other offerers. Accordingly, the protest was sustained, and GAO recommended that the Army reopen negotiations and provide the opportunity for submission of revised best and final offers, and terminate the existing contract, if the evaluation warrants award to another offerer.