[Protest of Forest Service Rejection of Bid]

A firm protested the Forest Service's rejection of its bid as nonresponsive because it qualified its bid to require the return of containers in which seedlings were to be delivered. The protester contended that this qualification was not prohibited by the invitation for bids (IFB), that it is a common practice for this type of contract, and that its lower costs would prove most advantageous to the Government. Since award on the basis of the protester's bid as submitted would result in a contract under which the protester would retain the ownership of containers of considerable value, and the IFB did not extend this benefit to other bidders, GAO found that the Forest Service was proper in rejecting the bid as nonresponsive. The irregularity in the bid was a material variation which could not be waived. GAO has held that the importance of maintaining the integrity of the competitive bidding system outweighs any possible monetary advantage which would accrue from accepting a nonresponsive bid. Accordingly, the protest was denied.