Protest Alleging Inability of Awardee To Meet Contract Specifications at Bid Price

Mainline Carpet Specialists, Inc. protested the award by the National Park Service of a contract for reproduction carpeting at the Fort Vancouver National Historical Site at Vancouver, Washington. In a two-step procurement, the Park Service requested unpriced proposals, selected two designs from photographs and color plates, and asked bidders to submit prices. Following award to the low bidder, a number of contract changes were approved. It appeared that the Government's minimum needs were overstated in the procurement, and the proper remedy in this instance was for the Government to cancel the invitation for bids and resolicit in order to give all offerors the opportunity to submit proposals meeting the relaxed specifications. Mainline argued that the awardee could not meet the specifications at its offered price, but a finding of nonresponsibility was not made by the procuring agency. It was alleged that the awardee did not properly document proposed designs in step one of the procurement. Although the agency should have made reasonable efforts through discussion to bring all proposals to an acceptable status in order to increase competition, this basis of the protest was untimely. Mainline alleged bias in favor of the awardee on the part of the Fort Vancouver curator, but no evidence to support this allegation was provided. Finally, Mainline demanded a sum to cover compensatory damages and anticipated profits. There is no legal basis to allow recovery by an unsuccessful bidder for anticipated profits, however, and bid or proposal preparation costs are recoverable only if it is shown that, except for the Government's arbitrary and capricious action, the claimant would have been awarded the contract. The protest was denied.