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Protest Involving Proposed Award

B-194553 Published: Mar 11, 1980. Publicly Released: Mar 11, 1980.
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Highlights

A firm protested the proposed award of an Air Force contract to another firm for advertising services in support of the recruitment of active duty personnel in a multistate area. Each offeror was required to submit a technical proposal demonstrating its technical expertise, answer a questionnaire concerning its organization and past experience, and submit sample advertising campaigns based on assumptions given in the request for proposals (RFP). An evaluation board determined which offerors had demonstrated an acceptable level of technical expertise. Offerors failing to meet this level were eliminated from further consideration. The contract was to be awarded to the lowest priced, technically acceptable offeror. The entire evaluation and award scheme was set forth in the solicitation. The protester was found to be technically unacceptable because the firm failed to submit the required sample campaigns. The protester alleged that the solicitation requirements were too complex, vital information was withheld when the RFP was issued, it was given erroneous and inaccurate information after the RFP was issued, the RFP estimate of outdoor advertising was inaccurate, and it was refused access to Air Force files under the Freedom of Information Act (FOIA). The allegation that the solicitation requirements were too complex was untimely under Bid Protest Procedures. The omitted information was provided to all offerors after an inquiry by the protester. This portion of the protest was also untimely under protest procedures. The record indicated that the alleged erroneous and inaccurate information provided to the protester was clarified by telephone before the proposals were due. The allegation that the RFP estimates of outdoor advertising was inaccurate was not considered because it was untimely under protest procedures. The record showed that while some of the information the protester requested under the FOIA was provided to it, the request needed to be more specific. The Air Force stated that upon receipt of a proper request, the information would be provided. The protester did not renew its request. Accordingly, the protest was dismissed in part and denied in part.

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