[Protest of Rejection of Low Bid as Nonresponsive]

A firm protested the Army's rejection of its low bid and contract award under an invitation for bids. The Army rejected the protester's bid as nonresponsive because it did not meet design specifications. The protester contended that, although it offered a product that did not comply with the specifications, its product was superior in performance and should have been accepted. In addition, it claimed that acceptance of its bid would have been at considerable savings to the government. GAO found that the Army properly rejected the protester's bid as nonresponsive because acceptance of a bid which deviates from the specifications would be unfair to other bidders, and the integrity of the competitive bidding system outweighs any monetary advantage that would result if a material deficiency were waived or ignored. In addition, bids may not be evaluated on a basis that is not stated in the solicitation. Finally, GAO held that the protester's challenge of the propriety of the agency's using design specifications rather than performance specifications was untimely, because it involved a solicitation impropriety which was apparent prior to bid opening and should have been filed before that date. Accordingly, the protest was denied in part and dismissed in part.