[Protest of Contract Award Alleging Nonresponsive Awardee]
B-209091.2: Aug 15, 1983
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A firm protested the award of a contract under a solicitation issued by the Army. The protester contended that the awardee's bid was nonresponsive because it failed to acknowledge a material amendment to the solicitation. The amendment included changes that had only been incorporated by reference in the original solicitation, clarified a previously incorrect size requirement, established a product configuration which had been omitted, and cross-referenced drawings to the corresponding part numbers. At bid opening, the awardee was the apparent low bidder but was thereafter notified that its bid had been rejected for failure to acknowledge the amendment. The firm protested to the Army, and the contracting officer determined that the failure could be waived and awarded the contract to the firm. The protester contended that the amendment was material and that the waiver, therefore, was improper. The Army stated that the amendment was not material, since the information contained in it was determinable from the original solicitation. GAO held that, as in this case, an amendment to a solicitation that explicitly states a technical feature of the equipment sought is not material where the specifications in the original solicitation already required bidders to supply equipment with that feature. In addition, the Army submitted evidence, which was not challenged by the protester, that the information in the amendment was indeed determinable from the original solicitation. Therefore, GAO held that the Army's waiver of the awardee's failure to acknowledge the amendment was proper, and the protest was denied.
Oct 26, 2020
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Chronos Solutions, LLC; Inside Realty, LLC; BLB Resources, Inc.
We sustain the protests.
B-417870.2,B-417870.3,B-417870.4 -
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