[Protest of Series of Allegedly Misleading GSA Communications]

B-213575: May 22, 1984

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A firm protested a series of allegedly misleading communications by the General Services Administration (GSA) which the protester contended resulted in its being denied a reasonable opportunity to submit a proposal under a GSA request for proposals. The protester had been awarded the contract for this requirement 5 years earlier, and it was scheduled for either expiration or renewal after a 60-month performance period. Prior to the expiration of the protester's contract, GSA notified the protester of its intent to renew the contract for another year; however, GSA subsequently decided to issue a solicitation. After the closing date for receipt of proposals, the protester requested that it be permitted to submit an offer or that its contract be considered an offer. That request was denied. The protester asserted that GSA had an obligation to inform it of its intent in light of the GSA notification that the contract would be renewed. GSA stated that it had sent the protester copies of the solicitation and that it had responded to the protester's written request for an explanation of the GSA action 6 days prior to the closing date for receipt of proposals. GAO stated that the late offer could not be accepted since it did not meet any of the exceptions listed in the solicitation for the consideration of late offers. Further, GAO found no evidence that GSA deliberately attempted to exclude the protester from participating in the procurement and that the protester's failure to submit a timely offer was, ultimately, its own fault. Accordingly, the protest was denied.