[Protest of Failure To Request Best and Final Offer]

B-215978: Nov 5, 1984

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A firm protested the Federal Emergency Management Agency's (FEMA) failure to request its best and final offer or to consider the unsolicited best and final offer it submitted in connection with a request for proposals. After evaluating a revised proposal from the protester, FEMA determined that its price was so excessive that the protester did not have a reasonable chance of being selected for award. GAO held that the FEMA action not to make the request was proper, because an agency is only required to request best and final offers from bidders that are in the competitive range. The protester subsequently submitted an unsolicited best and final offer and supplemental information. FEMA advised the protester that this revision would not be considered because it was a late modification. GAO also noted that late modifications are only accepted from otherwise successful offerers, which ruled out consideration of the protester's modification. Accordingly, the protest was denied.