[Protest of Bid Rejection]

The low bidder under a Defense Logistics Agency solicitation which was a 100-percent small business set-aside with a labor surplus area preference protested the rejection of its bid. Its telegraphic bid was rejected as nonresponsive because of an omission as to its size status and place of manufacture, which were required by the solicitation. The protester argued that its formal bid indicated that it was a small business firm located in a labor surplus area and that it intended to manufacture the item on which it bid. It also contended that the omissions in its telegraphic bid were minor informalities or irregularities which could be waived under Defense Acquisition Regulations. Under Defense Acquisition Regulations, failure to make a representation concerning size status may be waived as a minor informality. However, GAO has held that a bid on a total small business set-aside which fails to indicate the intention of the bidder to furnish products manufactured or produced by small business concerns must be rejected as nonresponsive. In this case, the formal bid could not be used to cure the deficiency in the protester's telegraphic bid since it was not received until after bid opening and a nonresponsive bid cannot be made responsive after bid opening. GAO found that the rejection of the protester's bid was proper. Accordingly, the protest was denied.