[Protest of Justice Bid Rejection]

A firm protested the Department of Justice's rejection of its bid for failure to be responsive to the 30-day bid acceptance period. The invitation for bids (IFB) stated that bids offering acceptance periods of less than 30 days would be rejected as nonresponsive, and the protester mistakenly put a 15-day restriction on its bid. Although the protester contended that the IFB was ambiguous and confusing, it was willing to waive the acceptance period it offered. GAO categorically stated that the acceptance period provision in an IFB is a material requirement because it affects the competitive status of other bidders; therefore, failure to comply with such a provision renders a bid nonresponsive. Further, a bid which is nonresponsive on its face may not be changed, corrected, or explained by the bidder after bid opening since such action would give the firm the option of accepting or rejecting a contract after bids were exposed. With regard to the protester's allegation about the ambiguity of the specifications, GAO considered the provision to be clear and, in any event, the protest was untimely. Accordingly, the protest was dismissed in part and summarily denied in part.