[Protest of Commerce Contract Award Contending Improper Exclusion From Consideration]
B-216886: Feb 27, 1985
- Full Report:
A firm protested a Department of Commerce contract award, contending that its proposal was improperly excluded from consideration and that the awardee's offer failed to comply with the requirements of the request for proposals. The agency eliminated the protester's proposal from the competition when it found that the proposal was technically unacceptable because it provided insufficient information. The protester contended that the contracting officer did not have a reasonable basis for the bid rejection because the required information was included in attachments. GAO will not question an agency proposal evaluation absent a showing that the determination was arbitrary or in violation of procurement regulations. GAO found that the agency determination that the proposal failed to comply with the solicitation specifications to a material extent was reasonable and, since the protester's price was almost double that of the awardee, eliminating the protester from the competitive range did not deprive the agency of the opportunity to obtain significant cost savings. GAO would not consider the protester's contentions concerning the awardee's responsiveness since the protester was not in line for award and, therefore, was not an interested party under bid protest procedures. Accordingly, the protest was denied in part and dismissed in part.