Summary

Two firms protested a Drug Enforcement Administration (DEA) contract award for facility management services, contending that DEA improperly waived the solicitation's minimum personnel requirements in awarding the contract. GAO held that DEA: (1) improperly waived the solicitation's mandatory personnel requirements without advising the other bidders of its changed requirements; and (2) did not give all bidders the opportunity to revise their bids and compete fairly. Accordingly, the protests were sustained and GAO recommended that DEA: (1) amend the solicitation and advise all bidders of its actual minimum requirements; (2) terminate the awardee's contract if the protester's proposal proved to be more advantageous; and (3) reimburse the protester for its protest costs.