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Protest Alleging That Successful Bidder Submitted Noncomplying Bid Sample

B-183820 Published: Sep 24, 1975. Publicly Released: Sep 24, 1975.
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Highlights

A firm objected to the award of a contract, alleging that the sample submitted by the successful bidder did not comply in various respects with the specifications. Although the procuring activity claimed that the deviations were minor and did not affect the suitability of the item for the intended purpose, they were made material by inclusion in the specification. An award to a bidder whose sample did not conform in all respects with the salient characteristics was improper. However, since the items had been delivered, no remedial action was possible. The bid which placed a condition on the required delivery schedule was nonresponsive since the condition modified the requirements of the solicitation.

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