Protest concerning Selection Process for Second Phase of Existing Contracts
Highlights
A protester challenged the validity of the selection process used for awards under Phase 2 of existing contracts. The agency's refusal to select a particular contractor was reviewed since the agency was essentially conducting a competitive procurement for Phase 2. The protest was denied because: the protester was not prejudiced by follow-on awards based on reduced scope of work since rejection of its proposal was based on high costs even after cost reductions for reduced scope were applied; the protester should have been aware that cost would be a factor in evaluation even though the agency failed to reveal its relative importance; and the agency was not required to negotiate with the protester for lower costs. Although the protester was not misled about evaluation factors, the agency should issue a solicitation before selection of contractors for each succeeding phase.