[Protest of Rejection of Low Bid]
Highlights
A firm protested the rejection of its bid under an invitation for bids (IFB) issued by the Defense Logistics Agency for construction work. The record showed that an amendment to the IFB extended the bid opening date and notified bidders that changes would occur in the drawings and specifications in a later amendment. According to the bid abstract, the protester submitted two bids, which were the lowest received. The contracting officer determined that the protester's second submission was a revised bid which effectively revoked its earlier, lower bid, and the second bid was rejected for being ambiguous and for its failure to acknowledge the latest amendment to the IFB. The protester contended that the latest amendment to the solicitation was acknowledged by the correct date which appeared on its bid and by the price increase over its original bid. GAO found that: (1) the protester did not submit two separate bids, but rather one bid and a bid modification; (2) the protester's bid showed that it had the knowledge of and intention to be bound by the provisions of the amendments to the IFB. Accordingly, the protest was sustained, and GAO recommended that the agency terminate the contract and award it to the protester.