[Protest of Rejection of Bid as Nonresponsive]

B-212518: Dec 27, 1983

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A firm protested the Federal Aviation Administration's (FAA) rejection of its bid as nonresponsive for failure to meet brand-name-or-equal requirements. The solicitation advised bidders that equal products would be considered if they were clearly identified in the bid and fully met the specified salient characteristics. From the descriptive literature included in its bid, FAA determined that the protester's product did not meet the required salient characteristics. The protester contended that: (1) its product equaled or exceeded the requirements; (2) it would have provided additional verification of its product's conformance upon request; and (3) contract performance should have been suspended pending the outcome of its protest. GAO held that: (1) the protester's descriptive literature did take exception to the salient characteristics and the bid was properly rejected as nonresponsive; (2) a bidder's intention to comply with specifications must be determined from the face of its bid without the need to resort to explanations furnished after bid opening; and (3) there is no requirement that contract performance be suspended following a protest. Accordingly, the protest was denied.

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