Protest Alleging Awardee's Proposal Was Nonresponsive

B-196021: Nov 29, 1979

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A company protested that the awardee of a contract was nonresponsive to a requirement in the request for proposals which specified that the contractor's plant must be within commuting distance of the procuring activity. The protester further contended that the awardee should not have reached the stage of consideration for the award since the agency waived the requirement. While the awardee had neglected to list one of its locations which was within commuting distance, the RFP permitted offerors to demonstrate compliance after the closing date. Accordingly, the agency did not waive a requirement, and the award which was made on an initial proposal basis was not objectionable. The protest was denied.