Protest Against Determination of Low Bidder
B-176913
Published: Jan 05, 1973. Publicly Released: Jan 05, 1973.
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Highlights
A company protested the award of a contract, alleging that it was the low offerer because the agency had added a charge for a "no charge" item in arriving at the total estimated cost. Since the ambiquity was patent upon the face of the proposal, the discrepancy should have been brought to the protester's attention for resolution during negotiations. The failure to conform with negotiation requirements was so material a deviation as to require reopening of negotiations with both offerers for the remaining requirements under the contract and termination of the existing contract if the protester's proposal would then be the best offer.