[Protest of Air Force Rejection of Bid for Supply of Prefabricated Building]

B-220750: Oct 17, 1985

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A firm protested the rejection of its bid as nonresponsive and award to a higher bidder under an Air Force solicitation for a prefabricated building. The Air Force rejected the protester's bid because it contained a statement that a material solicitation requirement would not be required in its design. To be responsive, a bid must represent an unequivocal offer to perform exactly as called for in a solicitation and must bind the contractor to perform in accordance with a solicitation's material terms and conditions. Therefore, GAO found that the Air Force properly rejected the bid as nonresponsive. GAO also found that the protest that the specifications were unduly restrictive and exceeded the agency's minimum needs was untimely because protests based upon alleged improprieties which are apparent prior to bid opening must be filed prior to that date. Accordingly, the protest was dismissed.

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