Bid Evaluation Was Inconsistent with Solicitation

B-191099: May 25, 1978

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A company protested the agency determination that it was nonresponsive, contending that evaluation of bids was inconsistent with the solicitation which contained items partially set aside for small business. The protest was sustained because the solicitation required that offerors' listed monthly supply potential must be able to cover the total estimated peak monthly requirements (EPMR) and was, therefore, inconsistent with the solicitation to total EPMR for subitems in the bid evaluation. The contract award for items affected by the decision should be terminated and awarded to the protester for the balance of the contract period.