Request for Advance Decision

The National Mediation Board requested an advance decision on the propriety of making a contract award to a firm under a request for proposals (RFP) for reporting services. The Board's request was prompted in part by a protest filed by another firm which contended that the proposed awardee's proposal was unacceptable because: (1) it did not submit a fixed price for additional transcript copies requested by the Board or the public, and (2) the proposed maximum price for additional copies violated the Federal Advisory Committee Act. Offerors were asked to submit fixed prices for each page of seven categories of work. The Board's evaluation showed that the proposed awardee submitted the low priced offer. The price proposed for additional copies was $7.50 maximum per page, which was an unusually high amount. However, the Board was uncertain as to what the charge would actually be. GAO concluded that the proposed price for additional transcript copies must be evaluated at $7.50 per page and concluded that the proposal was unacceptable because the price for additional transcript copies requested by the public was unreasonably high. GAO concluded that the Board could properly reject the proposal because the Board is obligated to protect the public from paying unreasonably high prices for duplicating services. Accordingly, GAO recommended that the Board reject the proposal.