Protest Regarding Determination That Proposal Was Not Low
Highlights
The protester objected to the award of a contract, contending that its proposal was the lowest technically acceptable offer. The agency's determination that the protester's proposal was not low was supported by the record because the lower price offered in the telegraphic best and final offer clearly referred to alternate items not awarded rather than to the item awarded. The protester's price would not have been low in any case since a reasonable interpretation of the offer indicated that the price of one of the two items awarded was not included in the other as contended. In the absence of a showing of prejudice, prompt notification to an offeror that a modification of its offer has been received late is a matter of form rather than a material factor affecting the validity of the award.