Protest against Procurement Irregularities

The protester objected to the award of a contract, alleging that: the awardee's proposal was materially nonresponsive, an amendment to the request for proposals was unreasonable and unfair, and alterations of proposals were improperly allowed. The allegation that the successful offeror was unable to perform was not considered. The determination of solicitation evaluation factors was primarily for consideration by the contracting agency. A proposal subject to two interpretations need not be rejected since in negotiated procurement the contracting officer may seek clarification from the offeror as to what was intended. The record did not establish that the procuring activity acted in an arbitrary or capricious manner, so the claim for proposal preparation costs was denied.