Protest Based on Requirement for Minimum Bid Acceptance Period

A company protested the rejection of its bid, alleging that the solicitation was misleading with regard to a 30-day minimum bid acceptance period and that the listing of a 20-day bid acceptance period was a minor irregularity that should be waived. The protest was timely since it was filed within 10 days of rejection of a protest filed with the agency, and grounds for protest arose when the bidder was advised of rejection of its bid after investigation by the contracting officer. The protest was denied because: the solicitation was not misleading about the acceptance period which was contained in a provision in a supplement, and the bid was properly rejected as nonresponsive to this provision; the acceptance period requirement cannot be waived since the bid as submitted did not meet the requirement, and allowing correction after bid opening would be prejudicial to other bidders; and a competitor's bid was not nonresponsive since it contained an appropriate acknowledgment of amendments.