B-231030, Apr 28, 1988, 88-1 CPD 416
Highlights
PROCUREMENT - Competitive Negotiation - Offers - Price omission - Line items DIGEST: Proposal that did not include a price for a line item did not meet material requirement of the RFP and was properly rejected where RFP informed offerors that a single award for all items might be made. Seigels states that it was not told and the RFP did not state that a "no quote" response would result in rejection of an offer. The Navy reserved the right to make a single award to the offeror whose total offer on all items was low. Seigels was on notice that a failure to submit an offer on an item could result in the rejection of its offer. The concept of responsiveness is not technically applicable to negotiated procurements.
B-231030, Apr 28, 1988, 88-1 CPD 416
PROCUREMENT - Competitive Negotiation - Offers - Price omission - Line items DIGEST: Proposal that did not include a price for a line item did not meet material requirement of the RFP and was properly rejected where RFP informed offerors that a single award for all items might be made.
Seigels, Inc:
Seigels, Inc., protests the rejection of its offer under request for proposals (RFP) No. N62673-88-R-0068 for fasteners issued by Supervisor of Shipbuilding, Department of the Navy.
We dismiss the protest.
The Navy rejected Seigels' offer because Seigels did not insert any price for one of the line items in the RFP. Seigels wrote "NQ," (no quote) in the space reserved for the unit price and total amount for line item 0001 AF. Seigels states that it was not told and the RFP did not state that a "no quote" response would result in rejection of an offer.
The RFP advised offerors that due to the interrelationships of the items involved, the Navy reserved the right to make a single award to the offeror whose total offer on all items was low. Thus, the solicitation did state that a single award of all items could be made, and Seigels was on notice that a failure to submit an offer on an item could result in the rejection of its offer.
Although the Navy rejected Seigels' offer as nonresponsive, the concept of responsiveness is not technically applicable to negotiated procurements. However, were an offer does not meet a material requirement of the RFP, the agency may reject the offer as technically unacceptable. CDA, Inc., B-224971, Feb. 13,-1987, 87,1 CPD Para. 163. Here, Seigels clearly did not meet a material requirement of the RFP, since it failed to make an offer to supply an item required by the RFP.
The protest is dismissed.