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Bid Rendered Nonresponsive by Accompanying Unsolicited Descriptive Literature

B-183799 Sep 23, 1975
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Highlights

The low bidder under a solicitation protested against the determination that its bid was nonresponsive. Rejection of the bid was valid because: unsolicited descriptive literature accompanying the bid determined its responsiveness; failure to indicate in the bid that an accessory listed as optional in the literature would be furnished was a material omission; and it is the bidder's responsibility to determine Government requirements by careful scrutiny of the solicitation if it is reasonably clear. Doubt as to the bidder's capability of meeting delivery requirements related to responsibility. The doctrine of estoppel was not applicable where the protester relied upon information supplied by officials who lacked authority to bind the Government.

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