[Protest of NASA Determination of Nonresponsive Bid]

A firm protested the determination that its bid submitted in response to a National Aeronautics and Space Administration (NASA) invitation for bids (IFB) was nonresponsive. NASA rejected the bid because a cancellation clause in the firm's bid created an ambiguity concerning the Government's right to terminate the contract for convenience. The protester stated that it has been contracting with the Government for several years and that its bids have never been rejected for inclusion of the clause in question. GAO found that the protester's inclusion of the clause, which required the protester's consent before cancellation, was a material deviation from the termination clause in the IFB and did, in fact, restrict the rights of the Government. Therefore, NASA properly found the bid to be nonresponsive. Concerning the protester's allegation concerning prior procurements, GAO stated that an improper award in one or more procurements does not justify repetition of the same error in subsequent procurements. Accordingly, the protest was denied.