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Missing Schedule Explanation Was Not Immaterial

Friday, July 07, 2017 08:14 am


Denied: Bid Error

Matter of: Alltech Engineering Corp., 2017 U.S. Comp. Gen. B-414002.2 Lexis 22 (Feb. 6, 2017)

An offeror may have relied too heavily on its past performance success with the Corps when it insisted that the agency should have inferred information that was missing from a new project proposal.

Alltech Engineering Corporation (Alltech) bid on a U.S. Army Corps of Engineers, Tulsa District (Corps) project to repair the radial flood gates at Hullah Lake Dam in Copan, Oklahoma. The request for proposals (RFP) provided for a fixed-price award based on a lowest-priced, technically acceptable basis. The Corps rejected Alltech's proposal as technically unacceptable. In this protest, Alltech alleged that the Corps was required to first seek clarification because the proposal contained merely a "minor clerical omission."

Under one of the four evaluation factors, "proposed contract duration and summary schedule," offerors were instructed to provide a "narrative explanation of the proposed phasing plan, crew assembly, and work schedule(s), and safety plan." The Corps would then evaluate this narrative to determine whether the proposal plans/schedule were realistic and logical.

The Corps rated Alltech's proposal unacceptable under the "proposed contract duration and summary schedule" factor because it didn't provide the required narrative. Per the RFP's terms, an unacceptable rating under a non-price factor made Alltech's offer ineligible for award.

Alltech conceded that its proposal was missing required "information"---i.e., the phasing plan, crew work schedule, and safety plan. Nevertheless, Alltech argued, the omission was "an obvious minor clerical error." Alltech pointe[...]

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