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Clarification Request Proved Latent RFP Ambiguity Was Actually Patent

Friday, April 27, 2018 05:10 am


Dismissed: Solicitation

Matter of: DCR Services & Construction, Inc. 2018 U.S. Comp. Gen. Lexis 97 (Feb. 13, 2018)

A protester alleged that, when the government amended its project solicitation, it introduced a latent ambiguity as to the pricing information required. The Comptroller General disagreed and dismissed the protest.

In January 2017, the Department of the Army (Army) issued a request for proposals (RFP) as a set-aside for historically underutilized business zone small businesses for construction services at Fort Bragg, North Carolina. The RFP aimed to award no more than six fixed-price, multiple award, indefinite-delivery, indefinite-quantity contracts; and it required proposals to address technical capability, past performance, and price. The Army would make its awards based on a lowest-price, technically acceptable basis.


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