Genesis Design and Development submitted a government bid to construct an accessibility ramp for the National Park Service at the Alamo Canyon Campground in Arizona. As part of the bidding process, the company was required to have three financial forms, called past performance questionnaires, completed by previous clients. But Genesis only submitted the form with the contact information of three previous clients.
The Park Service rejected the proposal because it was incomplete. The contract was awarded to a competitor. Genesis filed a protest with the Government Accountability Office. Genesis argued that the company “reasonably anticipated that the agency would seek the required information directly from its clients,” adding that it can be challenging to get past clients to fill out the forms. They can be pages long and take an extended amount of time to complete.
The GAO ruled against Genesis. It argued that with their government bid, “an offeror is responsible for submitting an adequately written proposal and bears the risk that the agency will find its proposal unacceptable where it fails to demonstrate compliance with all of a solicitation’s requirements.” The GAO continued, “Genesis did not comply with the solicitation’s express requirements.”
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