Request for Reconsideration Concerning Low Bid Rejection

A firm requested reconsideration of a GAO decision which denied its protest of the rejection of its low offer and the contract award to another firm. GAO had concluded that the contracting officer properly rejected the protester's revised best and final offer, because it did not conform to the maintenance pricing structure mandated by the solicitation and because the agency was not required to reopen discussions with the protester since its revised best and final offer deviated significantly from its earlier proposals. The protester contended that GAO ignored its argument that the evaluation criteria were defective. In addition, it stated that, because the evaluation criteria were unrealistic, the awarded contract should be terminated and the requirement resolicited under criteria which properly reflect the Government's needs. However, GAO found that the evidence did not support the protester's position. Further, the protester and other firms submitted offers without complaint under the evaluation provision and have not suggested a more reasonable provision. Accordingly, the prior GAO decision was affirmed.