Protest of Agency Failure To Extend Bid Acceptance Period

A firm protested the Forest Service's failure to request an extension of the acceptance period of its bid and the award of the contract at a higher price. The invitation for bids was a total small business set-aside for timber inventory in three districts of the Shoshone National Forest. The record showed that the protester limited its bid acceptance period to 30 calendar days, as permitted by the solicitation, instead of the standard 60-day acceptance period. Following bid opening, the Forest Service unsuccessfully sought information upon which to make a responsibility determination about the apparent low bidder and later referred the matter to the Small Business Administration (SBA). Meanwhile, the protester's bid expired. Upon advice from SBA that the apparent low bidder had failed to timely apply for a Certificate of Competency, the Forest Service awarded the contract to another firm, since the protester's bid had expired. The protester contended that it was neither notified that the Forest Service anticipated delay in making the award nor given an opportunity to extend its acceptance period prior to the expiration of its bid. GAO held that the contracting officer was not required to advise the protester of any delay in the award or to request an extension of the acceptance period prior to the expiration of its bid. By limiting its bid acceptance period to 30 days, the protester not only took the risk that the Government might not be able to make award within that time, but also avoided the risk of increased performance costs. The protester's bid could not properly have been extended because that would have afforded the protester an unfair advantage over the other bidders that offered longer acceptance periods. Thus, the protest was without merit and was denied.