Request for Extension of Closing Date for Receipt of Proposals

A firm protested the Immigration and Naturalization Service's request for proposals (RFP) for data conversion services, contending that the method for scoring price proposals was ambiguous and defective. On the day proposals were due, the protester contacted the agency and requested that the closing date be extended to correct the apparent error in the price scoring method example, a request which the agency denied. Since the agency refused to grant an extension to correct this error by amendment, the firm protested before bid closing that it could not submit a proposal. The protester argued that the intended method of scoring was ambiguous. The agency admitted that the example contained an error but concluded that the error and intended hypothetical computation were obvious and that no extension was necessary or practical for the following reasons: (1) the formula preceding the example was correct and represented a standard, acceptable scoring procedure; (2) the points assigned to the pricing proposal were stated numerous times in the RFP; (3) none of the 27 proposers questioned the error; (4) the extension request was submitted at the last minute; and (5) the procurement was of an urgent nature. GAO agreed with the agency's conclusion and rationale stating that an ambiguity exists only if two or more reasonable interpretations of solicitation provisions are possible. While it is generally advisable to correct an obvious discrepancy before the closing date for receipt of proposals, where the solicitation clearly reflected the agency's evaluation scheme and the procurement was urgent, the agency properly denied the protester's request to amend the RFP and extend the closing date for receipt of proposals. Accordingly, the protest was denied.