Protest of Bid Rejection as Nonresponsive

The Forest Service issued an invitation for bids for janitorial services for a period of 12 months, but subsequently an amendment shortened the performance period to 11 months. A bidder who had submitted a bid for 12 months asked the contracting officer whether it was necessary to indicate a price for the shortened period when acknowledging the amendment. As a result of the telephone conversation, the bidder believed that the acknowledgment would confirm the 12-month bid price and would then be prorated for the 11-month period. It was held that the bid was properly rejected as nonresponsive because it was subject to two reasonable interpretations. In addition, the bid failed to conform to the amended solicitation. Bidders who rely on the oral advice of the contracting officer do so at their own risk.