Skip to main content

[Protest of DGSC Contract Award for Insecticide]

B-252502 Published: May 28, 1993. Publicly Released: May 28, 1993.
Jump To:
Skip to Highlights

Highlights

A firm protested the Defense General Supply Center's (DGSC) rejection of its bid as nonresponsive and subsequent contract award for an insecticide, contending that: (1) DGSC should not have considered the descriptive literature it submitted with its bid, since the information was not required; (2) its bid cover letter agreed to all terms and conditions of the solicitation; (3) DGSC should have made award to it, since it was the low bidder; (4) the awardee had not previously supplied the product; and (5) the awardee was not a small disadvantaged business as required by the solicitation. GAO held that: (1) DGSC properly considered the protester's descriptive material, since it described the product offered; (2) DGSC properly rejected the protester's bid, since its product did not comply with the solicitation's material requirement; (3) the protester's cover letter did not cure its failure to comply with all solicitation specifications; (4) it did not have jurisdiction to review the awardee's eligibility for a small business set-aside; and (5) it would not review the DGSC responsibility determination without a showing of fraud or bad faith on the part of DGSC. Accordingly, the protest was dismissed in part and denied in part.

Office of Public Affairs

Topics

Bid rejection protestsBid responsivenessBidder responsibilityContract award protestsDefense procurementDescriptive literatureJurisdictional authorityQualified products listSmall business set-asidesSolicitation specificationsInsecticidesSolicitations