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[Protest of Justice Exclusion of Proposal From Competitive Range Under RFP for Litigation Support Services]

B-224443 Published: Sep 15, 1986. Publicly Released: Sep 15, 1986.
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Highlights

A firm protested the exclusion of its proposal from the competitive range, contending that the Department of Justice failed to request a best and final offer. GAO noted that: (1) Justice found that the protester's proposal warranted further consideration and clarification before it could be considered fully acceptable; and (2) Justice required the protester to provide certain clarifications to complete the technical evaluation. GAO held that: (1) since the protester failed to resolve a number of the questions in the request for additional information, Justice properly determined that the protester lacked a reasonable chance for award; (2) a contracting agency may revise a competitive range determination to eliminate a proposal formerly within the competitive range if evaluation reveals that the proposal no longer has a reasonable chance of acceptance; and (3) the request for additional information did not afford the protester the opportunity to submit a best and final offer. Accordingly, the protest was denied.

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Best and final offersBid evaluation protestsCompetitive rangeEvaluation criteriaLegal services contracts