Example of Protest for Reject Goverment Contract Bid

David Young

Doe & Lawyer ,PLC

2175 K Street, NW

Washington D.C. 20037

7/5/2010

The General Counsel

U.S. Government Accountability Office

441 G Street, N. W.

Washington D.C. 20548

Attention: Procurement Law Control Group.

Re: Protest of the Army Contracting Agency's award to Doublecreek Envelope Co. (Doublecreek) for self sealing envelopes: Solicitation No. ABX-39-0000-58.

Dear Sir;

Ace Inc., 5810 Stanislaw Dr., Bethesda, Md., phone 301-555-2222 , fax 301-555-2224, email: ace@ace.com, protests the Army Contracting Agency's (ACA) contract award to Doublecreek for the procurement of "peel seal " envelopes. We believe Doublecreek envelopes do not conform to specific evaluation factors outlined in Section M of the Invitation for Bids(IFB)and must be rejected under FAR 14.404-2 (a) and (b).

Because this protest is filed within ten days of Ace Inc. receiving notice of award to Doublecreek, (made on or before July 1, 2010) and in compliance with stay requirements of CICA, 31 U.S.C. § 3553 (d)(4). Ace requests that ACA suspend contract performance.

I. Procedural

This protest by Ace Inc. on July 5, 2010 is timely filed and within the 10 days permitted under FAR regulations. Ace Inc. received the notice of contract award on July 1, 2010.

Ace Inc. is an interested party having bid on this solicitation and would do so on any future contracts for self sealing envelopes open to competition.

Ace Inc. invested time and resources, modified production schedules and changed short term business goals in pursuit of this award. Therefore, Ace Inc.'s direct economic interest was affected by ACA's award to competitor Doublecreek who offered a proposal that we believe is not responsive to the invitation.

Ace specifically requests a ruling from the Comptroller General on this protest . 4 C.F.R. § 21.1(c)(7).

II. Background

Ace Inc., a responsible contractor and manufacturer of self sealing envelopes responded to solicitation no. ABX-39-0000-58 (mailing envelopes) issued by the Army Contracting Agency, Pentagon Room 3E-575, Washington D.C. 20005. Ace Inc. offered a bid of $00.1290 per envelope after careful scrutiny of specific Section M evaluation factors that required the envelopes be of the "peel seal" type whereby a liner is peeled off the flap and the envelope is then pressed closed in order to seal. The solicitation specified a mandatory "no licking " feature. Ace Inc.'s offer conformed to those specifications exactly. Doublecreek proposed their "The Great Commercial Envelope" at a slightly cheaper price ($00.1278 per). However our investigation reveals that in order to seal the "The Great Commercial Envelope", the adhesive on the inside of the folding flap must be licked. This cannot be accepted by the agency according to the invitation.

III. Contract awarded to non-conforming party in violation of FAR 14.404-2 (a) and (b)

This protest is based on ACA's improper award to Doublecreek of a non-conforming proposal or non-responsive bid in violation of FAR 14.404-2