B-222473, APR 22, 1986, 86-1 CPD 391
Highlights
BFI'S BID WAS REJECTED AS NONRESPONSIVE BECAUSE IT DID NOT CONSTITUTE A DEFINITE AND UNQUALIFIED OFFER TO MEET THE TERMS OF THE SOLICITATION. IT SHOULD HAVE SO STATED IN THE SOLICITATION. THERE IS NO MERIT TO THE PROTEST. A BID THAT DOES NOT REPRESENT AN UNEQUIVOCAL OFFER TO PROVIDE THAT REQUESTED ITEMS IN CONFORMANCE WITH THE SOLICITATION'S MATERIAL TERMS IS SIMPLY NONRESPONSIVE AND MUST BE REJECTED. THE PROTEST IS DISMISSED.
B-222473, APR 22, 1986, 86-1 CPD 391
BIDS - RESPONSIVENESS - TEST TO DETERMINE - UNQUALIFIED OFFER TO MEET ALL SOLICITATION TERMS DIGEST: BID THAT DOES NOT CONSTITUTE AN UNQUALIFIED OFFER TO MEET THE MATERIAL TERMS OF THE SOLICITATION MUST BE REJECTED AS NONRESPONSIVE.
BFI WASTE SYSTEMS:
BFI WASTE SYSTEMS PROTESTS ANY AWARD OF A CONTRACT UNDER SOLICITATION NO. 629-23-86, ISSUED BY THE VETERANS ADMINISTRATION (VA) FOR THE PROCUREMENT OF WASTE REMOVAL SERVICES. BFI'S BID WAS REJECTED AS NONRESPONSIVE BECAUSE IT DID NOT CONSTITUTE A DEFINITE AND UNQUALIFIED OFFER TO MEET THE TERMS OF THE SOLICITATION. BFI COMPLAINS THAT IF THE VA REQUIRED A BID TO CONSTITUTE SUCH AN OFFER, IT SHOULD HAVE SO STATED IN THE SOLICITATION.
THERE IS NO MERIT TO THE PROTEST. INVITATIONS GENERALLY DO ADVISE BIDDERS THAT THEY MUST SUBMIT OFFERS "CONFORMING TO THE SOLICITATION." SEE FEDERAL ACQUISITION REGULATION, 48 C.F.R. SEC. 52.215-16(A) (1984). IN ANY CASE, A BID THAT DOES NOT REPRESENT AN UNEQUIVOCAL OFFER TO PROVIDE THAT REQUESTED ITEMS IN CONFORMANCE WITH THE SOLICITATION'S MATERIAL TERMS IS SIMPLY NONRESPONSIVE AND MUST BE REJECTED. SEE ZERO MFG. CO., B-210123.2, APR. 15, 1983, 83-1 CPD PARA. 416.
THE PROTEST IS DISMISSED.