The protesters proposed the highest overall price to purchase government-owned timber. However, its bid was lower than the minimum advertised rate for a particular species of timber. The agency rejected the entire proposal as non-responsive. The protester requested that the agency accept the bid based on “commonsense.” GAO was unpersuaded and denied the protest.
Coastal Carolina Land and Timber, LLC, GAO B-422904
- Minimum Bid Rate – The solicitation called for sealed bids offering to purchase various species of government-owned timber within a national forest. The agency rejected the protester’s bid because it did not bid the minimum advertised rate for a particular species of timber. Bidders were instructed that bid rates must be equal to or greater than the advertised rates for each species on its list.
- Response – The protester explained it was aware that its bid had to reach the minimum of the entire sale, but forgot that it had to reach the minimum advertised price per product. It framed the bidding mistake as “inconsequential and immaterial” considering its entire bid amount was the highest. The protester asked the agency to accept its bid as-is based on “commonsense.”
- Decision – GAO has previously permitted bidders to correct a bid when the bidder explained it was a clerical error and that it intended to bid the minimum advertised price. That bidder sought to correct its bid. Here, the protester intentionally provided the market rate and not the minimum rate advertised, and it now asked that the agency accept its bid as submitted. GAO denied the protest. This was not a bid that constituted an unequivocal offer to perform the exact thing called for under the solicitation.
The protester was represented by Joah Hackman of Coastal Carolina Land and Timber, LLC.
The agency was represented by Lori Polin Jones of the U.S. Department of Agriculture. Janis R. Millete and John Sorrenti of GAO participated in the preparation of the decision.
— Case summary by Joshua Lim, Assistant Editor
