[Protest of Bid Rejection by Army]

B-211280: Nov 18, 1983

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A firm protested the Army's rejection of its bid to supply replacement windows. The Army determined that the bid was nonresponsive because the protester failed to include test data as required by the solicitation. The protester contended that the requirement to submit the test data had been waived by the Army in two previous procurements and that the failure to furnish the data should not have affected the responsiveness of its bid. GAO held that, since the Army did not specify in the solicitation that the test data were required as a matter of bid responsiveness, it was not proper for the Army to reject the bid on that basis. Requirements for test data are usually a matter of bid responsibility, and data concerning bid responsibility can usually be furnished after bid opening. Accordingly, the protest was sustained. However, since the Army had placed orders for its anticipated needs under the current contract, taken substantial deliveries, and incurred liability for nearly the full amount of the contract, GAO did not recommend corrective action.