Protest of Bid Rejection as Nonresponsive

A bidder requested reconsideration of a decision dismissing as untimely its protest regarding the rejection of its bid as nonresponsive by the Department of Agriculture. The protester argued that its protest was timely because it appealed the initial denial to the agency head in accordance with the standard contract disputes clause in the solicitation. The protester contends that its appeal was acted on by another Agriculture official who advised the protester of the procedures for appealing to GAO. The disputes clause applies only to disputes arising after a contract has been awarded. Since the protester was not awarded the contract, the contract disputes clause is not applicable. GAO Bid Protest Procedures are applicable to a protest filed initially with the contracting agency and subsequently appealed to GAO. Since the prior decision was not based on an error of fact or law, it was affirmed.