Rejection of Proposal for Failure To Comply With Pesticide Labeling Requirements Was Proper

B-190997: May 11, 1978

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A company protested the rejection of its low offer because it did not comply with labeling requirements for a pesticide. The protest, filed after rejection of the proposal, was timely since it involved the propriety of the rejection rather than the solicitation requirement. The rejection was proper even though the offered product was chemically identical to an acceptable product since the labeling requirements reflected the government's actual needs, the offeror's label did not conform with those needs, and use of the pesticide in a manner inconsistent with its labeling would be in violation of federal law.