B-236965.2, Dec 12, 1989, 89-2 CPD 545
Highlights
Award on that basis was proper. Cornellier complains that she should have received the award because she submitted the low bid for the basic contract work. Cornellier's bid was fourth low. Cornellier argues that her bid would have been the lowest if she had been aware that the option prices were negotiable. Where option prices were said to be negotiable. That the option years are not negotiable. Award in accordance with that evaluation was proper. The protest is denied.
B-236965.2, Dec 12, 1989, 89-2 CPD 545
PROCUREMENT - Sealed Bidding - Invitations for bids - Evaluation criteria - Prices - Options DIGEST: Since invitation for bids properly provided for evaluation of both base year and option years to determine the low bidder, award on that basis was proper.
Donna Cornellier:
Donna Cornellier protests the award of a contract for education and training services under invitation for bids (IFB) No. DAKF31-89-B-0048, issued by the Department of the Army. Ms. Cornellier complains that she should have received the award because she submitted the low bid for the basic contract work. We deny the protest.
The IFB requested bids for the base year October 1, 1989, through September 30, 1990, and for 2 option years. Ms. Cornellier's bid was fourth low, considering the base and option years, and contrary to the protester's assertion, second low for only the base year.
Ms. Cornellier argues that her bid would have been the lowest if she had been aware that the option prices were negotiable. Ms. Cornellier bases this contention upon information she received from another firm about a different solicitation, where option prices were said to be negotiable.
The Army points out that this IFB cited Federal Acquisition Regulation (FAR) Sec. 52.217-5 (FAC 84-37), which provides that bids be evaluated on the basis of the base year and option years. The Army insists that the contracting officer did not suggest otherwise to either Ms. Cornellier or any other bidder, and that the option years are not negotiable.
Since the solicitation provided for evaluation of both the base year and option years as authorized by FAR, award in accordance with that evaluation was proper. EG&G, Int'l, Inc., B-233108, Oct. 27, 1988, 88 2 CPD Para. 400.
The protest is denied.