[Protest of Bidder Responsiveness]

B-208365.2: Apr 20, 1983

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A firm protested the responsiveness of a bid by the lowest bidder under an Army Corps of Engineers invitation for bids (IFB) for the construction of a pumping station. The protester contended that the bidder did not meet the IFB special provision which required that the contractor perform at least 30 percent of the total work on site with his own equipment. GAO agreed with the Corps that the provision was for information and did not need to be completed prior to bid opening. Further, the instructions allowed the successful bidder until 5 days after award to furnish the work description. GAO noted that compliance with such provisions relates to bidder responsibility, not responsiveness. GAO also stated that, in this case, nothing could be found in the lowest bidder's description of the work that could be construed as a clear exception to the IFB special provision. Therefore, the bid in question was responsive to the solicitation, and the protest was dismissed accordingly.