Legal Question in Business Law in Virginia

US Coast Guard Questionable Award and Bid Protest

We submitted an offer to produce 20 LED buoy lights. This was not worded as a purchase of the research & technology-the CG was soliciting to buy 20 samples for evaluation. We gave basic information-whether we had produced this item before, do we understand the specification, etc...we answered their inquiries in a reasonable manner, and submitted a bid for $38K. Our bid was rejected for "technical inadequacy" in favor of 2 foreign companies who bid $40K and $90K each. I need to find some case support for our GAO protest that would substantiate that our bid was reasonable in light of commercial practices, and that the IFB was really a hybrid where they actually wanted the technical research without paying for it. We did not give them all of the technical data because it was not required or requested. At a glance, it appears that the CG already knew to whom they wanted to make the award, and that they were looking for free engineering in the guise of an open competitive bid for a product. In addition, they did not call us "nonresponsive," which of course is the standard rejection language. Is there a good place to search for these cases?


Asked on 10/18/99, 1:16 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: US Coast Guard Questionable Award and Bid Protest

Technical inadequacy is not the same thing as non-responsive. The rejection may or may not be proper (I couldn't say without seeing your bid and the IFB), but in any case you have an uphill battle convincing the GAO to sustain your protest. You should retain consel familiar with government contracting law to pursue it, as without counsel it is virtually impossible for you to prevail.

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Answered on 10/20/99, 7:45 pm


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