Link: GAO Opinion
Agency: U.S. Department of Transportation
Disposition: Protest denied.
Protest challenging agency’s rejection of protester’s proposal is denied where proposal lacked required option year pricing.
General Counsel P.C. Highlight:
Manthos complains that the agency improperly evaluated its cost proposal. The protest is without merit. While the agency did not reject Manthos’s proposal for failure to include option prices, this omission rendered the proposal unacceptable. In this regard, since offerors were required to provide option year prices and those prices were to be evaluated for purposes of determining the total evaluated price, option prices were a material solicitation requirement. In a negotiated procurement, a proposal that fails to conform to the material terms and conditions of the solicitation is considered unacceptable and may not form the basis for award. Since Manthos did not provide the required option year prices, its proposal did not conform to the material terms of the RFP, and therefore could not be accepted for award. The protest is denied.