[Request for Reconsideration of Sustained Protest of Army Rejection of Bid as Nonresponsive]
Highlights
The Army requested reconsideration of a sustained protest against its rejection of a bid for storage equipment. GAO had held that the Army improperly rejected the protester's bid as nonresponsive, and recommended that the Army: (1) terminate the contract and make award to the protester, if appropriate; or (2) reimburse the protester for its bid and protest preparation costs. In its request for reconsideration, the Army contended that the protester's product: (1) differed significantly from the brand-name specifications; and (2) did not meet its minimum needs. GAO held that the: (1) Army failed to demonstrate that the protester's product did not meet the required protester's salient characteristics; (2) protester's product did not meet the Army's actual needs; and (3) protester was entitled to reimbursement for its bid and protest preparation costs. Accordingly, the original decision was affirmed.