Negotiated Acquisitions

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					                                                                Negotiated Acquisitions

                 If the Proposal Is Sent Electronically, Either, Get It There by 5:00 p.m. the Day B
Description: In Mathews Associates, Inc.,13 the GAO denied a protest alleging that it was unfair or unduly burdensome to require offerors to assume the risks associated with failing to comply with clearly stated solicitation formatting requirements.14 In preparing its proposal in Mathews, the protester failed to follow the solicitation's requirements regarding page formatting and as a result, the agency refused to consider the proposal.15 The Army Communications-Electronics Life Cycle Management Command issued a request for proposals for loudspeakers and battery boxes to use in the single channel ground airborne radio system.16 The solicitation anticipated the award of up to two fixed-price indefinite-delivery indefinite-quantity (ID/IQ) contracts for up to five years that offered the best value to the government.17 Section L notified prospective offerors that proposals were limited to twenty-five pages and specified one-inch margins.18 In formatting its proposal, Mathews modified the page margins to less than the one-inch prescribed in the solicitation.19 The Agency realized this and then notified Mathews that the agency would not evaluate its offer because it violated the solicitation's formatting requirements.20 After the agency refused to reconsider, Mathews filed a protest alleging unreasonableness because either Mathews or the Army could have easily reformatted the proposal.21 The protester also alleged that the formatting requirements were created as a public policy to create a level playing field and that there is no public policy reason to uphold the agency's decision not to reformat its proposal.22 Neither of these allegations convinced the GAO.
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