[Protest of Rejection of Bid as Nonresponsive by Army]

B-213579: Apr 9, 1984

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A firm protested the rejection of its bid by the Army, contending that the Army improperly rejected the bid as nonresponsive. The Army rejected the bid because it thought that the product offered was not registered with the Federal Communications Commission (FCC), as required by law and the solicitation. Descriptive literature submitted by the protester contained the words "FCC Registration Number: Pending." The Army contacted the manufacturer of the product and was told that the equipment was not registered. GAO held that: (1) while the protester's literature was unclear, the Army should have contacted FCC to determine the registration status of the equipment offered by the protester; and (2) the equipment was in fact registered and the protester's bid was responsive. Accordingly, the protest was sustained. Because the contract had been awarded and performed, GAO did not recommend corrective action.