aggrieved competitor to relief.” (Emphasis added).¹

GAO stated that “allowing an offeror to establish the content of its lost proposal after the closing date has passed would be inconsistent with maintaining a fair competitive system.”²

The GAO will recognize “a limited exception to the general rule that the negligent loss of a quote or bid in and of itself does not entitle a bidder to relief. This exception applies where the record demonstrates that the loss was not an isolated incident, but rather, was part of a systemic failure on behalf of the agency such that the procedures in place to receive and safeguard quotes cannot be considered reasonable.”³ In other words, when the loss of the proposal is “a systemic failure in the agency's procedures that typically results in multiple or repetitive instances of lost information” then a protest filed by an unsuccessful offeror may be sustained. For example, if an agency loses two quotations from the same vendor in one week, or where an agency loses the quotes of several vendors submitted in response to a number of RFPs, then a “systemic failure” may exist.

Although lost proposals are probably rare, don't take any chances. Take the simple precaution of confirming the actual receipt of all parts of the proposal with the Contracting

Officer within 24 hours or so of delivery of the proposal to the agency. An e-mail inquiry should be sufficient.

Tom Petruska, Owner
Contracts Unlimited, Incorporated

Do you need assistance with Lost Proposals or other contracting issues?

Footnotes:

1. See also Shubhada, Inc., B-292437, September 18, 2003

2. id.

3. American Material Handling, Inc., B-281556, February 24, 1999

The foregoing is not legal advice nor is it a legal opinion. Please contact your attorney for legal advice.

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