[Protest of MARAD Contract Award for Ship Repair]
Highlights
A firm protested the Maritime Administration's (MARAD) rejection of its bid as nonresponsive and subsequent contract award to another firm for ship repair. The protester contended that MARAD improperly instructed it to indicate in its bid that it held a master lump sum repair agreement, when it actually did not. GAO held that MARAD improperly rejected the protester's bid, since the: (1) protester's signature on the bid constituted its written agreement to abide by the solicitation terms, which specifically included the terms of the master agreement; and (2) representations and certifications which the protester failed to include in its bid were not material and did not render the bid nonresponsive. GAO also held that the protester was entitled to reimbursement for its bid and protest preparation costs. Accordingly, the protest was sustained.