[Protest Alleging Nonresponsive Bid]
Highlights
A firm protested a bid offered under an Army invitation for bids (IFB) which was a multiyear procurement for quantities of trucks and tractors. The protester contended that the low bid was nonresponsive because the offerer bid a different price for trucks in the first year of the procurement than for the other 2 years in violation of an IFB requirement that unit prices be the same for all years. The protester argued that the specification was a material provision since it eliminated a degree of the risk involved in anticipating future year production costs. The Army argued that the variation in pricing was the result of a clerical error which could be waived under Defense Acquisition Regulations. GAO agreed with the Army and found that the price difference between the low bidder and the protester was so great that the protester would not be prejudiced by acceptance of the low bid. Accordingly, the protest was denied.