[Protest of Navy Rejection of Bid as Nonresponsive]

A firm protested the Navy's rejection of its bid as nonresponsive under a small business set-aside because it indicated that not all of the supplies to be furnished would be manufactured by a small business. The protester contended that: (1) its bid was responsive since the notice of a small business set-aside requires manufacturers to provide end items manufactured by small business concerns, and its bid was compliant with this provision; (2) the small business representation clause was ambiguous and should be resolved in its favor; and (3) its misinterpretation should be waived or corrected since it mistakenly interpreted the words to include all raw materials and components required to complete the contract. GAO has held that: (1) if a bid fails to establish the legal obligation of the small business bidder to furnish supplies manufactured or produced by a small business, the bid is nonresponsive and must be rejected; and (2) postopening explanations cannot be used to waive an objectionable certification, or otherwise to correct a nonresponsive bid, even where the government could obtain a lower price. GAO found that, since the protester's intent to supply items manufactured by a small business concern was not clearly ascertainable from the face of the bid, the contracting officer properly rejected the bid as nonresponsive. Accordingly, the protest was denied.