Protest of Rejection of Quotation

A firm protested the rejection of its quotation for a central dictation system. The protester's quotation, initially evaluated as low, was determined to be high after the agency adjusted it to include the maintenance charge for two of the solicited items which the agency had not included in the original evaluation of the quotation. The firm protested the agency's adjustment of the quotation and the method of cost evaluation. Two firms had submitted quotations. After the protester's quotation was evaluated low, the other firm protested the evaluation to the agency, and the agency discovered that it had neglected to include preventive maintenance charges for two items and reevaluated the quotations based on the new information. This reevaluation showed the other firm to be the lower bidder. The protester contended that it should receive the award because the agency's revised evaluation was incorrect. The protester stated that it had omitted the two items in question intentionally to effect a voluntary price reduction which the agency should be obligated to accept. GAO has held that the evaluation of quotations for items listed on a multiple-award contract should be based upon the contracts. Information supplied by an offeror after the receipt of quotations is of no legal significance. Therefore, the material which the protester supplied after the receipt of quotations was immaterial, and the agency was entitled to rely upon the contract for its decision. The protester further protested that the agency improperly evaluated life-cycle maintenance costs by projecting the prices listed in its contract over the useful life of the equipment and not just for the 12-month term of the contract. However, if the protester believed that the solicitation was defective because of the contemplated evaluation method, it should have filed its protest prior to the opening of quotations. GAO would not consider the protester's objection to the evaluation because it was not timely filed. Accordingly, the protest was denied in part and dismissed in part.