Skip to main content

[Protest of NBS Contract Award for Computer System]

B-219896 Published: Oct 08, 1985. Publicly Released: Oct 08, 1985.
Jump To:
Skip to Highlights

Highlights

A firm protested a contract award to another firm under a National Bureau of Standards (NBS) solicitation for computer equipment and services. NBS rejected the protester's third best and final offer because it was late and did not unequivocally offer to provide the required items within the required delivery schedule. The protester contended that: (1) it timely delivered the offer but NBS did not immediately apply a time stamp because the individual that carried the offer had a brief conversation with an agency employee just before the employee applied the stamp; (2) even if its third best and final offer were disregarded, its previous best and final offers established its intent to deliver the required items within 120 days of the date NBS awarded the contract; and (3) the awardee misrepresented its status as a regular dealer or manufacturer under the Walsh-Healey Act. GAO held that: (1) the protester failed to establish that it tendered the offer prior to the deadline; (2) NBS properly refused to consider the late offer; (3) NBS properly determined that none of the protester's best and final offers unequivocally committed the protester to meeting the specified delivery schedule; and (4) it would not consider the awardee's status under the act because the protester did not allege that NBS violated the procedural requirements of the act. Accordingly, the protest was denied in part and dismissed in part.

Full Report

Office of Public Affairs

Topics

Bid responsivenessComputer equipment contractsComputer services contractsComputer contractsContract award protestsDelivery termsLate bidsSolicitation specificationsBid evaluation protestsBid proposalsBest and final offersSolicitationsProcurementProtestsComputersSmall businessNegotiated procurement