Skip to main content

[Protest Requesting Bid Rejection]

B-209755 Published: Nov 30, 1982. Publicly Released: Nov 30, 1982.
Jump To:
Skip to Highlights

Highlights

A firm protested the Army's proposed contract award for maintenance services to another firm, contending that the low bidder submitted a below-cost bid and was not properly licensed. The protester further maintained that the procurement was conducted improperly because no notice was issued to indicate that the new solicitation included specifications different from the prior year's contract. GAO held that a competitor's opinion about the costs of another firm's bid is no legal basis for precluding a contract award except in cases of demonstrated bidder nonresponsibility. GAO also held that a bidder's failure to have a State or local license that is not expressly required by the solicitation does not require the rejection of a bid submitted by a responsible firm. With regard to the solicitation specifications, GAO stated that an agency is not legally required to advise prospective bidders that a solicitation's requirements differ from those in a prior contract and that a prospective bidder has the responsibility of examining the specifications before submitting a bid. Accordingly, the protest was dismissed on the first two bases and denied on the third.

Office of Public Affairs

Topics

Army procurementBid protestsBidder eligibilityLicensesService contractsSolicitation specificationsBid evaluation protestsBidder responsibilitySpecificationsBiddersProcurement