Protest of Bid Rejection as Nonresponsive

A firm protested the rejection of its bid as nonresponsive. The procurement was the second step of a two-step advertised procurement for the fabrication and installation of overhead bridge crane conveying systems at Robins Air Force Base. The protester submitted the low bid, but its bid was rejected as nonresponsive for having taken exception to the required delivery schedule. The firm protested the finding of nonresponsiveness, the award made in view of the fact that the awardee did not acknowledge receipt of modification to the invitation until after bid opening, and the fact that item two in the invitation covering the relocation of light fixtures and bus ducts did not include all the bus ducts which were to be relocated. Where a bidder includes in the bid that it will not be responsible for timely delivery of materials purchased from other parties, such material deviation from the solicitation requirements is not waivable as a minor informality and the bid is properly rejected as nonresponsive. The failure to formally acknowledge an amendment to an invitation which included material changes as well as extension of the bid opening date, may be waived as a minor informality under applicable regulations inasmuch as the bid was dated and submitted on the extended opening date indicating that the bidder was aware of the amendment. The fact that all of the required work was not included in the current procurement will not be questioned by GAO since satisfaction of future need is the responsibility of the procurement activity and not reviewed by GAO.