B-270504: Mar 15, 1996

A firm protested a Military Sealift Command (MSC) solicitation for ocean and intermodal cargo transportation, contending that the solicitation: (1) was ambiguous and prevented it from preparing a reasonable bid; and (2) contained unreasonable liquidated damages. GAO held that the: (1) solicitation was not ambiguous, and merely established a price ceiling for which the services were to be performed...

B-270504: Mar 15, 1996

Is ambiguous is denied where the clause at issue merely establishes a price ceiling for such services. Shifts some of the responsibility for assuring that this ceiling is not breached to the potential offeror. Who is in the best position to be aware of its own commercially available tariffs for such services. Liquidated damages provisions in a solicitation are unobjectionable where the record show...