Two Protests against Bidder Nonresponsiveness

B-190418: Feb 10, 1978

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Two protesters alleged that the contracting officer incorrectely considered unsolicited literature in the bid to render the bid nonresponsive and argued that acknowledgement of an amendment under a prior cancelled solicitation did not make a bid nonresponsive. The bids were nonresponsive because: unsolicited literature in the bid cannot be disregarded, bid correction procedures are available only to correct bids which are responsive, and responsiveness of the bid is determined from the face of the bid at the time of bid opening.