Protest Alleging Nonresponsiveness of Proposed Awardee

B-206193.2: Mar 2, 1982

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A firm protested the award of a contract to the low bidder under a solicitation issued by the Defense Logistics Agency for particular otoscope and opthalmoscope sets. The protester purchased a set which it believed the awardee intended to supply under the contract. Following its examination, the protester did not believe that the set conformed to the specifications. Subsequently, the protester indicated that it supported the protest filed by another firm under the same solicitation. However, that protest was dismissed. Regarding the firm's independent protest, GAO held that a bid that did not take exception to the solicitation could not be rejected as nonresponsive merely because of the protester's belief that the equipment which the bidder intended to supply did not meet the specifications. Further, whether an awardee fulfills its contractual obligation to provide equipment that complies with specifications is a matter of contract administration and does not affect the validity of an award. Accordingly, the protest was denied in part and dismissed in part.

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