Protest of Determination That Proposals Were Technically Unacceptable

A bidder protested the determination that its primary and alternate proposals under a request for proposals (RFP) were technically unacceptable. The protester contended that the RFP was defective because it unnecessarily delinated features in a brand-name-or-equal procurement when the item being procured was required to be compatible with an existing system. The basis for protest was untimely filed after the closing date for initial proposals and not for consideration. The protester also alleged that it was denied the opportunity to compete because of a vague mailgram sent indicating that its proposals did not meet the requirements of the RFP and that it was denied the opportunity to make an oral presentation. Determinations by procuring agencies regarding the technical merits of proposals and whether a proposal should be included in the competitive range will not be disturbed absent a clear showing that the determination was arbitrary or unreasonable. There was no requirement that offerors be afforded the opportunity for oral presentation of proposals where written discussions, which pointed out deficiencies and offerors an opportunity to submit revised proposals, were found to constitute meaningful negotiations. The protest was denied.