Protest Alleging Competitor's Bid Was Nonresponsive for Failure to Make Mandatory Site Inspection
Highlights
The Defense Mapping Agency (DMA) requested a modification of a decision which sustained a protest against rejection by DMA of the protester's bid. Where a bid does not take exception to the Government requirements, the bidder's failure to make mandatory prebid site inspection does not justify bid rejection as nonresponsive. Therefore, the prior decision was affirmed. However, it was not the position of GAO that the contract award must be made to the low bidder notwithstanding the bidder's failure to make a prebid site inspection. The acceptance of a bid would effectively bind the bidder to perform at bid price in accordance with the advertised terms and specifications. To the extent that DMA is concerned that it may determine responsible a firm that did not inspect the site, it can only be pointed out that the projection of a bidder's ability to perform if awarded a contract is largely within the sound administrative discretion of the contracting officer.