In Perimeter Security Partners, LLC, B-422666.4 (March 11, 2025), Perimeter Security Partners (PSP) protested the Army Corps of Engineers’ award of a task order to Low Voltage Wiring (LVW) for maintenance services at Army access control points. The Army rejected PSP’s technically stronger, lower-priced quote, rating it unacceptable due to two alleged deficiencies tied to exceeding a 15-page limit. PSP argued that the solicitation was ambiguous about whether certain charts—like an organizational chart and a response time chart—were excluded from the page count.
The Decision
GAO sustained the protest, ruling that:
- Latent Ambiguity Found: GAO concluded that the RFQ’s reference to “Drawings etc.” created a latent ambiguity about what documents were excluded from the 15-page limit. GAO agreed that both PSP’s and the agency’s interpretations were reasonable, but the Corps failed to clarify the term, prejudicing PSP’s evaluation.
- Inconsistent Application Across Evaluations: GAO noted that earlier evaluators did not exclude the charts, but the reevaluation team did. This inconsistency further demonstrated that the solicitation language was unclear and that a latent ambiguity existed.
- Exclusion of Required Content Led to Deficiencies: Because the agency excluded the organizational chart and response time chart, it assigned two deficiencies and rated PSP’s proposal unacceptable, rendering it ineligible for award—despite being lower-priced and containing more significant strengths than LVW.
Key Takeaways for Contractors
- Ambiguous Page Limits Can Be Protest-Worthy: If a solicitation references exclusions like “drawings etc.,” but doesn’t clearly define what’s in or out of the page count, that could form the basis for a sustained protest—especially if it leads to disqualification.
- Clarify Submission Requirements in Advance: GAO reaffirmed that if ambiguity is not obvious, it can be challenged after the fact. But if it’s patent (obvious on its face), it must be protested before the proposal submission deadline.
- Consistent Evaluation Matters: When different evaluators interpret the same solicitation language differently, it raises red flags. GAO is more likely to find the process unfair or unreasonable under such circumstances.
- Charts Can Count as Drawings—or Not: Terms like “organizational chart” or “response time chart” may seem excluded from page limits under “drawings etc.,” but agencies and offerors may see it differently. When in doubt, ask during the Q&A, seek clarification from the contracting officer, or file a pre-award protest.