[Protest of Bid Rejection as Nonresponsive to IFB]

B-208654: Jan 31, 1983

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A firm protested the rejection of its bid as nonresponsive to an invitation for bids (IFB) issued by the General Services Administration. The nonresponsiveness determination was made because the protester did not bid a firm, fixed price for one item as is required in advertised procurements. The protester argued that, since the item represented a small amount of the total bid price, this should have been waived as a minor informality and contended that the IFB did not request a fixed price. The question of the responsiveness of a bid concerns whether a bidder has unequivocally offered to provide the requested items and specifications requirements of the IFB at a firm, fixed price. The protester's bid clearly did not offer to perform the requested services at a fixed price, and GAO found that the solicitation did request a fixed price. In addition, GAO found that the omission could not be waived as a minor informality because a bid deviation which affects price in more than a trivial manner may not be waived. Accordingly, the protest was denied.