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[Request for Reconsideration of Sustained Protest of Army Rejection of Bid as Nonresponsive]

B-228123.2 Published: Apr 01, 1988. Publicly Released: Apr 01, 1988.
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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.

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Army procurementBid evaluation protestsBid preparation cost claimsBid protest reconsiderationsBid rejection protestsBid responsivenessBrand name specificationsClaims settlementEquipment contractsIrregular procurementU.S. Army