[Protest of Air Force Rejection of Bid as Nonresponsive]

B-217061: Apr 5, 1985

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A firm protested the Air Force's rejection of its bid as nonresponsive and contract award on the basis that the awardee's price was unreasonable. The protester's bid was rejected because it failed to conform to all of the material terms of the invitation for bids (IFB) and because descriptive literature submitted with the bid created uncertainty as to whether its product would meet certain material specification requirements. To be responsive, a bid must represent an unequivocal offer to meet the IFB specifications. GAO found that the brochure submitted with the protester's proposal created a doubt as to whether some of the features required by the IFB would be included. Since GAO found that the protester's proposal was properly rejected as nonresponsive, it was not necessary for it to determine whether the proposal incorporated all of the material terms of the IFB. Finally, GAO does not question an agency's determination as to price reasonableness absent a showing of bad faith or fraud, and GAO found nothing in the record to support the protester's contention that the solicitation should be cancelled on the basis of an unreasonable bid price. Accordingly, the protest was denied.

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