The agency disqualified the protester for not fully using the price schedule from a solicitation amendment. The protester claimed this was a "clerical error" for which it should have sought clarification. GAO found the difference in price was large enough to be a material error, and even if it wasn't, the agency was under no obligation to seek clarification.
Resource Management Systems, Inc., GAO B-422779.2
- Protest - The protester challenged its disqualification based on its failure to fully use an amendment's price schedule. It claimed the mistake was a "clerical error" that did not pertain to a material requirement. It further contended that the agency should have sought clarification regarding the protester's use of the old price schedule.
- Decision—The difference in price was an approximate increase of more than $680,000. GAO concluded this was material beyond a "clerical error." Furthermore, even if the protester could correct the mistake through clarifications, the protester's failure to use the correct price schedule did not obligate the agency to seek clarification from the protester.
William M. Weisberg of Law Offices of William Weisberg PLLC represented the protester, and Natica Chapman Neely of the Department of Veterans Affairs represented the agency. Suresh S. Boodram and Evan D. Wesser of GAO participated in the decision.
-- Case summary by Joshua Lim, Assistant Editor.