Protest of Bid Rejection as Nonresponsive

A company protested the rejection of its bid as nonresponsive and the subsequent cancellation of the procurement by the procuring agency. The company's bid was rejected because in its bid it offered an equal item which it believed was a brand name or equal purchase description of the item described in the specification. The company argued that rather than reject its bid, the contracting officer simply should have contacted the firm for further information regarding the parts it was offering, and that the firm's submission of a bid bond and payment and performance bonds and the fact that all equipment to be used in the installation was to require the contracting officer's approval were sufficient to assure the Government that the contract would be completed in an acceptable manner. GAO held that the mere fact that the company offered different parts in place of the parts listed in the solicitation was not fatal to consideration of the bid. Failure of the bidder offering equal item to indicate model number need not result in bid rejection where the contracting officer reasonably can determine that one model could possibly have been intended. Thus, if through a reasonable effort and based on reasonably available information, the agency can confirm the company's position on these matters, the bid may be accepted, the solicitation reinstated, and the award made to the protester. The protest was sustained.