Protests Involving Unbalanced Bidding on Two Requirements-Type Contracts

B-183381: Sep 22, 1975

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The bidders under two solicitations presented arguments demonstrating what they each considered to be proper disposition of the apparent low bids and/or of the solicitations. Although, as a general rule, a mathematically unbalanced bid may be accepted if the agency believes the invitation's estimate of work requirements is a reasonably accurate representation of the actual anticipated needs, the examination disclosed that the estimate was not reasonably accurate. The proper course of action was to cancel the invitation and resolicit the requirement based upon a revised estimate. The proposed acceptance of the apparent low mathematically unbalanced bid was not proper where: (1) the agency determined that the bid was low through re-evaluations using substantially revised estimates of the work requirements; (2) under re-evaluation using one of the revised estimates, the bid was not low; and (3) the re-evaluation procedure had the effect of introducing new evaluation factors into the procurement.

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