Unfair Advantage Due to Bid Evaluation Criteria

Protesters complained that the evaluation formula included in a solicitation permitted a competitor to use the formula to gain an unfair advantage. The Government's formula for evaluating bids, which does not reflect anticipated requirements, raises significant issues, notwithstanding the agency's view that the protest was untimely. Bid prices must be evaluated against the total and actual work to be awarded. The agency should resolicit the requirements on the basis of evaluation criteria reflecting the best estimate of its requirements. The award should be terminated if the bids received on resolicitation are found to be more advantageous, using the revised evaluation criteria.