[Request for Reconsideration of Dismissal of Protest Against an Army Procurement]

B-218894.2: Jul 16, 1985

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A firm requested reconsideration of a decision which dismissed its protest under an Army solicitation. The Army had rejected the bid as nonresponsive for failure to certify that all supplies to be furnished would be produced by domestic small businesses. The protester had contended that it had interpreted the certification to refer to materials used in the manufacture of the supplies to be furnished, rather than to the supplies themselves. GAO had held that since the protester had not obligated itself to provide products manufactured by small businesses, the Army was required to reject the bid. In its request for reconsideration, the protester contended that a reference in its bid to its small business facility as the principal place of performance was sufficient to establish that the supplies would be manufactured by a small business. GAO held that: (1) the protester was not bound by the place of performance clause because it would be free to change the place of performance after bid opening; and (2) the Army properly rejected the bid as nonresponsive. Accordingly, the original decision was affirmed.

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