[Protest of Rejection of Bid and Award of USDA Contract]

B-212789: Sep 20, 1983

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A firm protested the rejection of its bid and the award of a contract by the Department of Agriculture (USDA). The bid was rejected because it was not accompanied by descriptive literature as called for in the invitation for bids. The firm contended that it furnished descriptive literature 1 day after bid opening and that an unspecified USDA official gave prior approval for the late tender of this descriptive literature. GAO held that failure to furnish the literature constituted nonresponsiveness on the part of the firm. GAO further held that, if USDA had advised the firm that late tender of the literature was acceptable, such advice would have been improper, given the requirement in the solicitation for descriptive literature, and would have given the firm an unfair competitive advantage. Accordingly, the protest was denied.

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