Protest Involving Cutoff Date and Request for Second Best and Final Offer
Highlights
A company protested a contract award on the grounds that no common cutoff date was established for best and final offer (BAFO), that the agency's request for a BAFO constituted acknowledgement that the protester's proposal was technically acceptable, and that it had not received written confirmation of the agency's request until 2 days after the contract award. The protest was denied as the protester did not prove that a common cutoff date had not been established; it was not shown that the agency's determination that the protester's proposal was technically unacceptable was unreasonable; the request for a second BAFO did not imply that the proposal was acceptable; and the agency's failure to make the award to the protester on the basis of the lowest-priced second BAFO was proper.