The protester claimed it was not provided adequate notice and time for response when the agency issued a solicitation amendment nine hours before receipt of quotations. The amendment also came with a 3-day extension of the due date. GAO said this was enough time for vendors to make revisions.
Worrell Contracting Company, Inc., GAO B-423208
- Protest – The agency issued an RFQ for grounds maintenance services. The protester challenged its elimination from the competition based on its failure to acknowledge an RFQ amendment. The protester claimed it was not provided adequate notice and time for response. The protester claimed it only “became aware of the grounds for protest” after contract award and did not have constructive or actual knowledge of the issue prior to then.
- Decision – The protester had set its quotation to automatically send on the morning of September 27. The fact that the protester did not check SAM.gov for updated information about the solicitation after prepping the auto-send did not absolve it from having constructive knowledge. GAO further decided that the amendment within 9 hours of the initial receipt of quotations including a 3-day extension of due date was adequate time for a response.
The protester was represented by R. Bruce Thompson, II of Parker, Poe, Adams & Bernstein LLP. The intervenor was represented by Michelle F. Kantor of McDonald Hopkins. The agency was represented by Linh Adams and Sophia Lee of Department of Veterans Affairs.
Heather Self and Peter H. Tran of GAO participated in the preparation of the decision.
— Case summary by Joshua Lim, Assistant Editor
