[Protest of Any Army Corps of Engineers Contract Award for Dredging Services]

A firm protested any Army Corps of Engineers contract award for dredging to either of two firms, contending that the Army should reject both firms' bids, since the government had suspended the firms from contracting. The Army contended that, since the suspensions expired before award, it could properly consider the bids. GAO held that, since the Federal Acquisition Regulation required that agencies reject bids from firms suspended at bid opening, the Army could not consider such firms for award even though the suspensions were no longer in effect at the time of award. Accordingly, the protest was sustained, and GAO recommended that the Army award the contract to the protester, if otherwise appropriate.