Protest of Bid Being Rejected by Veterans Administration

B-194722: May 14, 1979

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A company protested rejection of its bid by the Veterans Administration tester's bid as nonresponsive on two grounds: failure to conform strictly to the specified delivery schedule, and failure to submit a price on each item. The protester believed that the required schedule was unreasonable and inserted in its bid a footnote which offered a different schedule. This offer constituted deliberate and material deviation from the specification requirements and was properly rejected. In addition, such protest of an alleged impropriety was untimely where it was first submitted with the protester's bid. As the bid was nonresponsive under the first ground, the second ground was not considered. The protest was dismissed in part and summarily denied in part.