Contract Award Involving Remote Job Entry Protested

A contractor protested the award made to a competitor under a Corps of Engineers request for quotations (RFQ) for a 1-year lease of a remote job entry computer system. The protester contended that the contracting agency did not respond to a mailgram sent to inquire about the method used to evaluate offers, that the contracting agency did not supply written confirmation to oral changes that were made to the RFQ, and that the system proposed by the awardee could not meet RFQ specification. The mailgram request was made more than a month after the best and final offers were received. Therefore, even if the agency had responded, the explanation would have had no bearing on the outcome of the procurement since the protester was not the low offeror on any basis. The failure to confirm in writing either oral changes to the RFQ or oral request for best and final offers was violative of regulations and improper procurement practice. However, since no prejudice was shown, the award was not disturbed. Whether the computer system proposed by the awardee meets contract requirements is a matter of contract administration which is the responsibility of the procuring activity.