Rejection of Bid as Nonresponsive for Failure To Comply With Affirmative Action Requirements

Although it was untimely, a company's protest that its bid was improperly rejected as nonresponsive for failure to comply with the affirmative action requirements of the solicitation was considered because of the expressed interest of a court in the GAO decision. The solicitation requirement that bidders commit themselves to the affirmative action provisions of the Washington Plan, even though the plan had expired prior to bid opening, was proper since extension of the plan had been expected. The bid which did not include the insertion of required goals was properly rejected as nonresponsive since noncompliance with the requirement was not a minor deviation which could be waived, and the solicitation was not ambiguous regarding the goals to be submitted. The invitation did not require bidders to commit themselves to a revised plan not yet issued but to the existing plan as included in the solicitation.