[Protest of Navy Contract Award Alleging Nonresponsive Awardee Bid]

B-213176: Mar 13, 1984

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A firm protested a Navy contract award under an invitation for bids (IFB) for a catch basin and sewer cleaner equipment. The protester contended that the equipment which the awardee intended to supply deviated from the IFB specifications rendering the awardee nonresponsive. GAO stated that the concept of responsiveness involves only whether the bid sufficiently responds to the IFB, and not whether the bidder has the capability or inclination to comply with the offer, which is a matter of contract administration. GAO found that the awardee's bid contained nothing to indicate that the equipment would not meet the IFB requirements. In addition, GAO agreed with the Navy's position that an award could not be made to the protester since its bid specified that it was available for acceptance for a 30-day period from bid opening while the IFB required a 60-day period. GAO has held that a bidder's failure to meet a solicitation requirement for a prescribed period renders the bid nonresponsive. GAO noted that the fact that the Government actually awarded the contract within the acceptance time period contained in the protester's bid was not relevant to the bid's responsiveness. Accordingly, the protest was denied.

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