Link: GAO Decision
Protestor: C2G Ltd. Company
Agency: Department of the Army
Disposition: Protest Denied.
Protest that an agency failed to provide equal information to offerors is denied where the initial solicitation was posted on the Federal Business Opportunities website, where the solicitation advised that amendments to the solicitation (including the agency’s responses to offerors’ questions) would be posted on the Army’s Single Face to Industry website, and where all offerors were provided the same information through that website.
General Counsel P.C. Highlight:
C2G Ltd. Company protested the award to Shiloh Services, Inc. of a contract for transportation services, arguing that the agency’s responses to C2G’s questions increased and changed the required services. C2G claims that the changed requirements caused C2G to substantially raise its price and would have caused other offerors to do so as well, had they been advised of the changes.
The GAO found C2G’s argument to be without merit, noting that the record showed that the agency posted C2G’s questions and its own answers on the Army’s Single Face to Industry (AFSI) website for viewing by all offerors. The GAO further noted that C2G failed to demonstrate that, even had its questions not been publicized on the AFSI website, it was prejudiced by the agency’s actions. It noted that C2G’s questions and corresponding answers were virtually identical to prior questions, and that the agency’s answers did not increase or change the scope of the requirement.
Where an agency employs a centralized website to keep offerors abreast of developments in the solicitation process, offerors must constantly monitor the site. Failure to do so may result in the expiration of the time period during which an offeror can protest the terms of the solicitation. As the GAO noted in a footnote, C2G should have known whether the agency posted the answers to its questions by the closing time for receipt of proposals, but failed to protest at that time.