Protests concerning Bid Responsiveness and Buy American Act

Each of two companies protested contract award to the other with disagreements expressed about responsiveness of Sulzer's bid. Issues were also raised regarding waiver of application of the Buy American Act. Since issues relating to the act were under litigation, they were not considered by GAO. The bid was found to be responsive although drawings were at variance with the solicitation. Even though the award to the low bidder was proper, the agency should review descriptive data requirements prior to future solicitations.