[Protest of Army RFP Alleging Improper Conduct by Procurement Officials]

B-216582: Jan 16, 1985

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A firm protested an Army request for proposals (RFP), alleging that improper conduct by procurement officials precluded its participation in the competition. The protester contended that it had been informed that the closing date for receipt of proposals had been extended indefinitely because of a solicitation modification and, as a result of receiving this information, it failed to complete its proposal by the closing date actually set by the Army. However, the Army stated that it informed all bidders of the closing date and received offers from all of the bidders by that date except the protester. GAO has held that the failure of an offerer to respond to an RFP modification does not prevent award or require resolicitation where competition at a reasonable price was obtained and there was no deliberate attempt to exclude the offerer from the competition. The protester failed to challenge the ability of the Army to obtain a fair and reasonable price as a result of the competition. In addition, GAO found that the protester failed to prove that the actions of the procurement officials were a deliberate attempt to exclude it from the competition. Accordingly, the protest was denied.