Protest of Bid Rejection for Failure To Satisfy IFB Requirements

A firm protested the rejection of its bid to supply adhesive. The firm planned to repackage in its own containers a product listed on the qualified product list (QPL). The firm contended that when it had requested inclusion as a QPL distributor, it received a formal response from the Navy stating that mere repackaging would not affect the qualified status of a product. Thus the protester felt it had followed the Navy's instructions in its bid. Also, the firm noted that the General Services Administration (GSA) had formerly awarded it a contract under similar circumstances. The Navy denied telling the protester it could package a QPL product in its own containers. GSA said distributers must either obtain a qualification of their own, or offer the product of a QPL manufacturer not repackaged by a non- QPL distributer; and that it had awarded the earlier contract to the protester because neither bidder in that instance offered a QPL product. GAO felt that a nonmanufacturing step such as packaging would not affect the quality of the product, and GSA ought to accept the Department of Defense position which stresses the responsibility of the manufacturer for integrity of a QPL product. Therefore, the protest was sustained. GAO recommended that GSA rebid the requirement in question, making it clear that a non-QPL manufacturer or distributer can bid, provided that he offers a qualified product.