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Thursday, October 8, 2015

Government's Cancellation of Solicitation was Reasonable

The Army issued a solicitation for pest control services at Fort Jackson, South Carolina. It was a total small business set-aside firm fixed price for a base year and four option years. Offerors were informed that the award would be made to the lowest-priced, technically acceptable proposal. To be technically acceptable, a proposal had to clearly meet the minimum requirements of the solicitation. Under the technically acceptable sub-factor, offerors were instructed to provide not more than five examples of contracts completed or ongoing within that past three years that were similar to the solicitation's size and scope.

Precise Management was one of three bidders however the Army rated its proposal as unacceptable because its work history did not demonstrate sufficient experience to meet all requirements of the statement of work. Additionally, the Army determined that all three proposals were unreasonable as to price so it cancelled the solicitation. Precise Management appealed contending that the Army's decision to cancel the solicitation was unreasonable. Precise Management alleged that the Army had miscalculated the dollar value of its prior contracts which led to the determination that the offeror lacked sufficient experience to perform the solicitation requirements.

The Comptroller General (CG) denied the protest, finding that the Army's cancellation was reasonable. None of the proposals received were technically acceptable and therefore all were ineligible for award. Additionally, the Army also found that the proposed prices were unreasonable by a significant amount when compared to the prices it was currently paying for the services.

You can read the entire decision by clicking here.


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