Protest Against the Rejection of Nonresponsive Bid

B-198975: Aug 15, 1980

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The low bid on a contract for guard services was rejected as nonresponsive, because the bidder failed to submit the required bid guarantee prior to bid opening. In protesting the rejection of its bid, the firm stated that its failure to submit the bid guarantee was inadvertent. It argued that the contracting officer should have the discretion to accept the bid. Federal Procurement Regulations provide that except as otherwise provided, a procuring activity must reject as nonresponsive a bid that does not include a required bid guarantee despite the fact that acceptance of the bid would result in a monetary savings to the Government. Since none of the exceptions applied to the instant case, the protest was denied.