[Protest of Navy Bid Rejection as Nonresponsive]

B-211164: Mar 20, 1984

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A firm protested the Navy's rejection of its bid as nonresponsive and its contract for a valve leak detection system. The procurement called for a system which met detailed specifications and a particular model number. During a preaward survey, the Navy determined that the protester's equipment did not conform to the specifications, and there was no descriptive literature to clarify an ambiguity regarding the model offered. Therefore, it rejected the protester's bid as nonresponsive. The protester argued that, in the absence of a requirement for descriptive literature, the Navy should have determined the acceptability of its proposed equipment during the preaward survey. The protester also contended that the awardee's also equipment did not comply with the specification. GAO found that, since the protester failed to establish that any commercial literature covering its designated model existed prior to bid opening, its bid was properly rejected as nonresponsive. In addition, since the Navy's acceptance of the awardee's model was a matter of contract administration, it was not for GAO consideration. GAO stated that, if the protester objected to discrepancies in the specifications, it should have filed a protest prior to bid opening. Accordingly, the protest was denied.

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  • CDO Technologies, Inc.
    We dismiss the protest because it is untimely where it was filed more than 10 days after CDO knew or reasonably should have known the bases for its protest.

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