[Protest of Air Force Rejection of Bid as Nonresponsive]
Highlights
A firm protested the Air Force's rejection of its bid for meal services, contending that: (1) the rejection of its bid as nonresponsive was improper; and (2) the entire solicitation was defective, because the pricing formula was confusing. GAO found that: (1) the solicitation specifically stated that the total bid price for part "B" for each year must be 25 percent of the total bid price for part "A" for the corresponding year; and (2) at bid opening, the protester submitted a bid with a pricing ratio higher than the required ratio. GAO determined that: (1) only material available at bid opening may be considered in making a responsiveness determination; (2) the nonresponsive bid cannot be corrected under mistake-in-bid procedures; and (3) the bidder's postopening explanations could not be considered. GAO held that: (1) the Air Force properly rejected the protester's bid as nonresponsive, because it failed to comply with the mandatory pricing formula; and (2) the protest that the solicitation was defective was untimely. Accordingly, the protest was denied in part and dismissed in part.