Protest Alleging That Awardee's Bid Was Nonresponsive

B-194273: Apr 23, 1979

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A firm protested any forthcoming award to the low bidder for the procurement of wet weather ponchos. As in this case, where it is clear from a protest's initial submission that the protest is without legal merit, a decision is made on the matter on the basis of the protester's initial submission without requesting a report from the procuring activity. The protester contended that the low bidder failed to submit a laboratory report with its bid as required by the solicitation specifications. Therefore, the bid should be rejected as nonresponsive. The solicitation requirement was for the express purpose of determining bidder capability and responsibility. The failure of the low bidder to submit a laboratory report is not fatal to consideration of its bid, inasmuch as the bidder's ability or responsibility may be determined on the basis of information submitted after the opening of bids and up to the time of award. The protest was denied.