[Protest of IRS Elimination of Proposal From Competitive Range]

B-209166.2: Dec 27, 1983

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A firm protested the elimination of its proposal from competition under an Internal Revenue Service (IRS) procurement. After the protester's proposal had been received as technically acceptable, IRS requested that a segment of the benchmark be redone to show that the bid met the requirement calling for the display of all resource elements in the contract. The protester failed to perform the task within the required timeframe and was removed from competition. The protester argued that: (1) its proposal had initially met the requirement; and (2) IRS failed to clarify the deficiency in sufficient time to permit correction. The protester complained that the requirement's ambiguity rendered its proposal inadequate. However, GAO held that the implications of the requirement were clear from the entire solicitation and that the protester was properly eliminated from competition. GAO also noted that the discussions held between IRS and the protester put the protester on notice that its bid required correction. Since the protester did not provide evidence that it was given insufficient time to make the correction, its argument was not persuasive. Accordingly, the protest was denied.

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