Protest of Proposed Contract Award Alleging Nonresponsive Bid

B-206394: Mar 8, 1982

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Two firms protested the award of a contract to another company for the replacement of a bridge. The protesters contended that the low bid submitted by the awardee was nonresponsive because the awardee failed to: (1) submit a subcontracting plan, (2) acknowledge a solicitation amendment, and (3) submit with its bid an executed schedule for affirmative action requirements. The agency denied the protest stating that: (1) the awardee agreed to the solicitation's subcontracting goals and could submit the details of the subcontracting plan after bid opening, (2) the amendment could only serve to reduce bid prices, and (3) the awardee complied with the requirements of the schedule because the solicitation expressly permitted that schedule to be executed after bid opening. The protester did not file its protest with GAO within the required timeframe following the denial by the agency. Accordingly, the protest was dismissed as untimely filed.

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