Protest of Bid Rejection for Failure To Submit Required Information

B-193633: Aug 29, 1979

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Honor Guard Security Services protested the award of a contract to another firm. The contracting agency rejected the protester's proposal for security guard services at specified locations because certain information was not contained in the proposal. The protester contended that it should have been permitted to furnish this information after the closing date for receipt of proposals. The contracting agency conceded that the procurement was flawed because of defects in the proposal evaluation process and because it viewed the solicitation itself as materially defective. The agency also admitted that its request for proposals (RFP) failed to contain any weighted evaluation criteria; that two conflicting basis of award provisions made it impossible for offerors to determine whether the procurement was intended to achieve a minimum standard at the lowest cost or whether cost was secondary to quality; and that the RFP contained qualification criteria which required evaluation but did not set forth any standards for a resultant determination of "qualified/not qualified." Although the protester requested that the contract be terminated, the agency contended that termination of the current contract was impracticable at this point as it expires on September 30, 1979. An option for renewal will not be exercised. The agency will resolicit the procurement, and the protest was sustained.

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