[Protest of Contract Award Alleging Navy Improperly Rejected Bid]
B-216082: Aug 29, 1984
- Full Report:
A firm protested a Navy small business set-aside contract award, alleging that the rejection of its bid was improper. The Navy determined the bid to be nonresponsive because the protester did not obligate itself to furnish supplies manufactured or produced by a small business. The protester complained that the Navy mislead it to believe that it only had to provide pricing and delivery data in the bid and to represent that it was a small business. GAO has held that if a bid on a small business set-aside fails to establish the legal obligation of the bidder to furnish supplies manufactured or produced by small business concerns, the bid must be rejected as nonresponsive. Further, since the protester had access to the solicitation which included the provision, rejection of the bid was proper. Accordingly, the protest was denied.